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Physical Planning Regulations, 2020

Government Notice 31 of 2020

Physical Planning Regulations, 2020
This is the latest version of this Government Notice.
Citation
Government Notice 31 of 2020
Primary work
Physical Planning Act, 2016
Date
17 July 2020
Language
English
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Malawi
Physical Planning Act

Physical Planning Regulations, 2020

Government Notice 31 of 2020

IN EXERCISE of the powers conferred by section 99 of the Physical Planning Act, 2016, 1, Kamlepo Kalua, Minister of Lands, Housing and Urban Development, make the following Regulations—

Part 1 – Preliminary

1. Citation

These Regulations may be cited as the Physical Planning (Physical Planners) Regulations, 2020.

2. Interpretation

In these Regulations, unless the context otherwise requires—“Board” means the Physical Planners Board established under section 73 of the Act; and“Registrar” means the Registrar appointed under section 82 of the Act.

Part II – Registration of physical planners

3. Procedure for registration

(1)An applicant for registration as a physical planner shall complete and sign the form set out in the First Schedule hereto.
(2)An application under this regulation shall be submitted to the Registrar.
(3)An applicant shall pay to the Board at the time of lodging his application the application fee under the Second Schedule hereto.

4. Documents in application

An application for registration shall be supported by—
(a)a statutory declaration made by the applicant in the form set out in the Third Schedule hereto;
(b)certified copies of any degrees, postgraduate diplomas or certificates on which the applicant relies as qualifications for registration; or
(c)in the case of an applicant for registration whose name has changed since the grant of his qualification, the legal document which provides evidence of such change of name.

5. Acceptance or refusal of registration

(1)The Board may accept or reject an application for registration or renewal of registration.
(2)The Board may reject an application if, in its opinion the applicant, notwithstanding the fact that he is otherwise qualified, is not a fit and proper person to be registered because of—
(a)physical or mental health;
(b)bad character and reputation;
(c)inadequate knowledge of the English language; or
(d)prior misconduct.
(3)An applicant shall have an opportunity to be heard in support of his application.
(4)Where the Board—
(a)accepts an application for registration under these Regulations, it shall issue to the applicant a registration certificate in the form prescribed in the Fourth Schedule hereto; and
(b)rejects an application for registration or renewal of registration, it shall give reasons for the rejection in writing.

6. Registration fees

(1)An application fee for registration as a physical planner shall not be refundable.
(2)Registration fees shall be payable annually not later than 30th June of each year.
(3)Where the registration fees or any part thereof remain unpaid for more than thirty days after the due date, a penalty of fifty per cent of the amount due shall be imposed and shall become part of the amount due and payable.
(4)There shall be no reduction, proportionate or otherwise, in the amount of the fee payable even if the remaining period to the next 31st March from the date of registration or from the date of payment of the amount due is less than twelve months.

7. List of registered planners to be published in the Gazette

The Registrar shall, soon after 30th June of each year, publish in the Gazette a copy of the register containing a list of all registered physical planners, as prescribed in the Fifth Schedule hereto.

8. Notification of change of address

Every physical planner shall notify the Registrar of any change in his business or correspondence address, as the case may be, within fourteen days of the change.

Part III – Code of conduct of physical planners

9. Primary obligations of planners

A physical planner shall—
(a)conduct himself in such a manner as to uphold the reputation of the profession;
(b)discharge his duties with fairness and impartiality to the public, his employer and clients with efficiency, competence and confidentiality, without undue delay;
(c)exercise care in the performance of his duties, including adherence to workplace safety obligations and responsibilities; and
(d)not engage in conduct involving dishonesty', fraud, deceit, corruption or misrepresentation.

10. Competence and other considerations

A physical planner shall—
(a)only undertake work for the execution of which his training and experience have rendered him competent and employ only adequately qualified personnel as demanded by the task for which he is employed;
(b)maintain, develop and employ appropriate levels of knowledge and skills for the task for which he is employed;
(c)refrain from either personally or through the agency of another person, whether or not such person is in his employ, make or offer to make by way of commission or otherwise, payment or other consideration for the obtaining of professional employment;
(d)not misrepresent data or its relative significance in any physical planning report;
(e)not knowingly permit the publication or use of his data, reports, maps, or other professional documents for unlawful purposes;
(f)only express professional opinions and make statements that have a basis in fact or experience or accepted principles and on the basis of adequate knowledge and when required to give evidence with fairness and honesty without prejudice or discrimination;
(g)be fair and impartial in the provision of advice and judgement to an employer or any other party to a planning project in which he is involved;
(h)attribute proper credit to others for their professional work or professional contribution and not misappropriate the professional work of others;
(i)not claim as his own, or suppress, work carried out and recommendations made by any other planner nor alter work done by another planner in such a way as to distort the latter’s professional opinion;
(j)not undertake any duties or carry out any instructions of an employer or supervisor which involve making statements purporting to be his own but which are contrary to his bona fide professional opinion, and must not instruct any other planner to do so;
(k)undertake to notify another planner where, to his knowledge, the other planner has prior appointment relating to any work he is being approached for possible appointment;
(l)not act in a professional capacity for a public body without notifying, as a matter of courtesy, the most senior planner in that body;
(m)be modest in scale and frequency when advertising for his professional work as a planner;
(n)undercut when charging his clients: or
(o)not, in undertaking his professional activities, discriminate on any ground.

11. Avoidance of unfair competition

A physical planner shall build his reputation on merit and shall refrain from any form of unfair competition, including—
(a)use of a professional designation to which he has no entitlement;
(b)the offer of inducements to secure work or advancement;
(c)the undermining of another planner with prior appointment relating to any work; or
(d)breach of the regulatory framework of physical planning.

12. Conflict Of interest Generally

(1)A physical planner shall not—
(a)hold, assume, accept or retain a position in which his interest is in conflict with his professional duty;
(b)undertake paid professional work from any authority or organization of whose governing body he is a member;
(c)act in circumstances where there is a potential conflict between his own private interest and the interest of his client or public interest; or
(d)undertake any work which gives rise to any conflict of interest between his clients, including public clients, unless otherwise agreed by the clients.
(2)A physical planner who has undertaken planning work, on behalf of a client, must not, until that engagement has been terminated, undertake work for, or on behalf of, any other client if by doing so the interests of either client would be in any way prejudiced or the planner’s ability to act in the interests of either client would be in any way impaired.
(3)A physical planner may, only in exceptional circumstances, such as where the planner alone possesses the required expertise, act where a potential conflict of interest exists or may arise and prior to accepting any such engagement, the planner shall disclose the relevant details to the client or clients concerned.
(4)A physical planner shall disclose to his employer or client any gift, commission or, discount he may have received from or offered by a third party in connection with his work as a planner, and he shall not accept any such gift, commission or discount where their receipt may or may be perceived to, influence his advice.

13. Disclosure of confidential information permitted in some circumstances

(1)A planner shall treat all information of a client as confidential.
(2)A planner has the duty to ensure that no person misuses a client's information.
(3)A planner shall not use for his own benefit a client’s information.
(4)A planner may disclose otherwise confidential information belonging to a client in order to comply with the law including—
(a)a court proceeding;
(b)a meeting of a planning committee or a meeting under the Act; or
(c)an appeal under the Act.

14. Inquiry into misconduct

(1)The Board may, on its own or upon receipt of a complaint. inquire into an act or omission amounting to professional misconduct.
(2)The Board shall finalise an inquiry under section 87(1) (b) of the Act within sixty days.
(3)The Board may, if it finds a person guilty of professional misconduct, mete out a sanction under section 87(2) of the Act.

First Schedule (reg. 3)

Physical planning Act

Application for registration as a physical planner

To: The RegistrarPhysical Planners Registration BoardP O Box 30385Lilongwe 3
1.Full names of the applicant: Dr/Mr./Mrs./Miss
(a)Surname ____________________________________________________
(b)First Names ____________________________________________________
2.
(a)Date and place of birth ____________________________________________________
(b)Nationality ____________________________________________________
3.Sex (Male/Female) ____________________________________________________
4.Marital status: Single ________ Married ________ Widowed ________ Divorced ________ Other ________
5.
(a)Permanent Address ____________________________________________________
(b)Present Employer and address ____________________________________________________
(c)Telephone Number: ____________________________________________________
(d)E-mail Address: ____________________________________________________
6.Education
(a)General Education and Examination passed with dates.____________________________________________________________________________________________________________________________________________________________
(b)Technical/Professional/Academic Training and Qualifications including particulars of Examination passed with dates.
Physical/ Town planning degreeFirstPost grad or other
University or College________________________________
Country________________________________
Duration of course________________________________
Date awarded________________________________
Class________________________________
(c)Membership of Institutes or any other Professional associations with dates and numbers (institution, class of Membership and date elected)____________________________________________________________________________________________________________________________________________________________
(d)Registered or Licensed to practice as a Physical/Town Planner in other countries____________________________________________________________________________________________________________________________________________________________Copies of Certificates should accompany this applicationApplicants should note that transcripts may be required in some cases.
7.Publications or papers with dates
(a)____________________________________________________
(b)____________________________________________________
(c)____________________________________________________
8.Working or practical experience in urban and regional planning:
(a)Organization where working/practical experience was acquired ____________________________________________________
(b)Dates of Working/Practical experience: ____________________________________________________
(c)List of three most important projects/programs involved/undertaken with dates:
(i)____________________________________________________
(ii)____________________________________________________
(iii)____________________________________________________
(d)Details of practical experience in urban and regional planning in not less than 500 words and to be typed separately and attached to this application duly authenticated by the supervisor.
9.Particulars of positions held (present and past)____________________________________________________________________________________________________________________________________________________________
10.Any additional relevant information (other courses, workshops etc)____________________________________________________________________________________________________________________________________________________________
11.Declaration by the employer to be signed by the employer/head of department of the applicant. Please indicate employer’s full name and address:____________________________________________________________________________________________________________________________________________________________I, the undersigned do hereby declare that to my personal knowledge, the above statements concerning the applicant are true and correct.Signature of the Employer/Head of Department ____________________________________________________Position held: ____________________________________________________Address: ____________________________________________________Date: ____________________________________________________
12.Personal declaration by applicant
(a)____________________________________________________I ____________________________________________________ (Name in full, in block letters and underline Surname) of ____________________________________________________ (Permanent Address)hereby apply for registration on the register of Physical Planners and submit herewith:
(a)a prescribed Statutory Declaration in support of the Application;
(b)the prescribed application fee of K __________________
(c)the prescribed registration fee of K __________________ and
(d)the following certified copies of degree professional/diploma/certificate(s) in support of my application:________________________________________________________________________________________________________Dated: ____________________________________________________Signature of Applicant ____________________________________________________

Second Schedule (reg. 3)

Part I

Fees for registration of physical planners

Fees payable for regisration of physical planners—K
1. Application for registration— 
(a) Citizens and permanent residents of Malawi10,000.00
(b) Non-citizens and persons who are not permanent residents of Malawi20,000.00
2. Registration fees— 
(a) Citizens and permanent residents of Malawi100,000.00
(b) Non-citizens and persons who are not permanent residents of Malawi200,000.00
3. Renewal of Registration certificate— 
(a) Citizens and permanent residents of Malawi20,000.00
(b) Non-citizens and persons who are not permanent residents of Malawi50,000.00
4. Replacement of lost registration certificate— 
(a) Citizens and permanent residents of Malawi25,000.00
(b) Non-citizens and persons who are not permanent residents of Malawi50,000.00
5. Examination fees— 
(a) For applicants who are nationals of Malawi (per subject)20,000.00
(b) For applicants who are non-nationals of Malawi (per subject)30,000.00

Part II – Minimum charges for the services of physical planners

A.The preparation of physical development plans shall include the following activities—
(a)Stakeholder sensitization and consultations;
(b)Carrying out socio-economic surveys;
(c)Geo-spatial data collection;
(d)Production of report and land use maps;
(e)Preparation of the plan;
(f)Presentation of the plan to stakeholders; and
(g)Submission of the plan for approval.
B.Professional fees, daily subsistence allowance and transport cost—
(a)Minimum professional fees: K200,000.00 per day
(b)Daily Subsistence Allowance: A charge for Daily Subsistence Allowance shall not be less than fifteen per cent (15%) of the daily minimum professional fees
(c)Transport cost: A charge for transport shall be the prevailing cost of a litre of petrol per kilometre.
C.Charges for printing of site plans, layouts and plan drawings
SizeCompilation (K)Printing (K)
A0 Size15,000.0040,000.00
Al Size12,000.0015,000.00
A2 Size10,000.008,000.00
A3 Size8,000.005,000.00
A4 Size5,000.002,500.00
D.Charges for Diazo/Sepia copies
SizeCost(K)
A0 Size6,000.00
A1 Size4,000.00
A2 Size3,000.00
A3 Size2,400.00
A4 Size2,000.00
E.Charges for printing of plans on sepia film
Size/ScaleCost (K)
Lake Charts A0 Paper.20,000.00
Printing on A1 paper12,500.00
Printing on A3 paper5,500.00
Printing on A0 paper14,000.00
Printing on A0 film20,000.00

Third Schedule (reg. 4(a))

Physical planning Act statutory declaration

I do solemnly and sincerely declare as follows:
1.THAT I am the holder of the following degrees, diplomas or certificates granted to me after examination by a university, college, professional institution, or other examining authority, and that the courses of study in the professional subjects with respect to which the degrees, diplomas or certificates which 1 hold were granted covered the following periods:
University, college, or other institutionPeriodDegree, diploma or certificateExamining authority
FromTo
1.    
2.    
3.    
4.    
2.THAT I have completed the following additional courses of training and had the following experience in the practice of my profession, namely
Description of training or experiencePeriod
FromTo
   
   
3.THAT as far as my professional qualifications are concerned, I am entitled to practice my profession in Malawi and in the country in which my professional qualifications were granted.
4.THAT—
(a)I have never been suspended or expelled from practicing my profession in Malawi or any other country on the grounds of professional misconduct;
(b)my name has never been removed from any register of planners or members of my profession kept in accordance with the Laws of Malawi or of any country in which 1 have practiced my profession; and
(c)no inquiry is pending which may result in an action being taken which is referred to in subparagraph (a) or (b).
5.THAT I hereby solemnly and sincerely declare that the information I have given above is true in every respect to the best of my knowledge and belief.
6.THAT I have read the Act and the regulations made under the Act and understand that, if registered, I shall be bound thereby and by any amendments thereto, for as long as my name shall remain on the register.
7.THAT I undertake, if registered, to abide and uphold the aims and objectives of the physical planning profession. AND I make this solemn declaration conscientiously believing the same to be true.
Signature __________________DECLARED at __________________ this day of ________ 20 ______Before me __________________Signature of Attesting Authority__________________Capacity of Attesting Authority (e.g. Notary Public, Commissioner for Oaths, etc.)Note: This declaration, if made—
(a)in Malawi, must be made under the Oaths, Affirmations and Declarations Act (Cap. 4:07);
(b)in any other country of the Commonwealth, must be made before a Notary Public, Commissioner for Oaths or other person having authority in that country under any law for the time being in force to take or receive an oath, an affirmation or a declaration; and
(c)in any other place, must be made before a Malawian consul or vice-consul or before any person having authority under any Act of Parliament of the Laws of Malawi for the time being in force to take or receive an oath, affirmation or a declaration.

Fourth Schedule (reg. 5(4)(a))

Physical planning Act certificate of registration

Registration No: __________________Certificate No: __________________This is to certify that __________________ is this day of __________________ 20 __________________ registered in the Register of Physical Planners Board as a Registered Physical Planner under the Physical Planning Act, and the Regulations made thereunder.__________________Chairperson(Common seal)__________________Registrar Physical Planners Board

Fifth Schedule (reg. 7)

Physical planning Act register of (National) physical planners

Name of registered personDate of registrationRegistration numberExpiry dateAddressNationalityDate of birthUpon registrationSubsequent to registrationQualificationsFee paid, number and date of receiptRemarks, if any
University, college, school or other institutionDate of cancelation of registration, if any
             
             
             
             
[*Delete whatever is not applicable]Made this 8th day of June, 2020K. KaluaMinister of Lands, Housing and Urban Development(File No.: SUB.D. 23:01)

History of this document

17 July 2020 this version
Commenced
08 July 2020
Assented to
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