Cap. 623 Art. 22Monitoring and enforcement. 

(1) The Authority shall have the power to assess whether any activity is compliant with the provisions of this Act and, or regulations made thereunder.

(2) For the purposes of this article, the Chief Executive Officer or any person or persons authorised by him to that effect shall, upon production of proof of their identity, have the right to enter and inspect any building or site at all reasonable times without any other formalities required by any other law and request any information insofar as it is needed to ensure compliance with this Act or any regulations made under this Act, including to verify and audit any document submitted to the Authority:

Provided that in cases where the Chief Executive Officer believes that there is an imminent danger, any authorised person may enter the building or site at any time:

Provided further that nothing in this article shall empower an authorised person to enter into or to inspect any plans or documents relating to land or building which is in the occupation of the Armed Forces of Malta or the Malta Police Force, or Correctional Facilities or such other building that the Minister may designate in writing from time to time, if in the opinion of the respective commanding officers such inspection of documentation would breach security.

(3) Where the Chief Executive Officer or any person or persons authorised by him are prevented from exercising the authority to enter into any land or building in the exercise of his powers under this article, the Authority, as the case may be, may request the assistance of the police.

(4) Any verbal order issued by the Chief Executive Officer or by any person or persons authorised by him shall be followed in writing within the next two working days by an enforcement order issued under articles 23, 24 and 25.

(5) The Chief Executive Officer or any person authorised by him may also:

(a) examine any article, product, or take samples of the materials used in the carrying out of any work or take such other action in relation to such construction work as may be necessary to establish whether the requirements set out in this Act or under this Act are being complied with in relation to the building and, or works;

(b) examine any article, product, or take samples of the materials used in the carrying out of any work or take such other action in relation to such construction work as may be necessary to establish whether the requirements of building regulations are being complied with in relation to the building and, or works;

(c) take surveys, photographs or video or use any type of equipment to help in the investigations which may be produced as evidence;

(d) give all necessary orders, including the immediate closure of a site or part thereof and cessation of works in part or in full in case of imminent danger or in the public interest;

(e) require the owner or occupier of the building, or any person responsible for the works, to provide such plans, documents and information as are necessary to establish whether the requirements of the matters regulated by this Act and regulations made thereunder are being complied with in relation to the building, development, works, installation and services;

(f) do anything that is ancillary or consequential thereto.

(6) For the purposes of this Act, the Chief Executive Officer or any authorised person shall not be personally liable for any damages to any person or any property as a result of the exercise of his powers under this article, unless it is proven that he has acted in bad faith.

(7) The Chief Executive Officer or any person authorised by him, notwithstanding any other law, shall have the right to assist the police in the conduct of prosecution for offences under this Act and to plead the case on behalf of the prosecution.