THE TOWN AND COUNTRY PLANNING BILL, 1976

A.·rangement of Clauses

Clause

1. Short title and commencement.

2. Interpretation,

3. 'I'he Physical Planning and Development Board.

4. Meetings of tho Board lind procedure.

5. Disclosure of interest, etc.

6. Protection of Board and members.

7. Functions of the Board.

8. Matters to be considered by the Board.

9. Form of plans prepared by the Board.

10. Subject reports.

11. Permission for development.

12. Determination of applications for grant of permission.

13. Enforcement orders.

14. Wush- orders.

15. Tree preservation orders.

16. Power of Board to revoke, vary or modify grants and orders.

17. Appeals.

18. Offences.

19. Power to enter building or land.

20. Service of documents.

21. Evidence.

22. Regulations.

23. Repeal and transitional.

SCHEDULE

SAINT VINCENT.

Act No. 8 or 1976.

I Assent,

R. E. BAYNES,

Governor's Deputy.

18th J nne, 1976.

AN ACT to enable the orderly and progressive development ofland and the proper planning of townand-eountryareas,to make provision for the control of development, and' formatters incidental to the fote~oil1gand connected -therewith,

On Proclamation.

BE IT EN..\.CTED by the Quclm's )Iost Excellent Majesty.hv and with the advice and COI1~Cl1t of the House of Assemblv ofSaint Vincent and by the authority of 'the-s~ime a.~ follows:=-

1. This Act may be cited as the..Town and Country ,Plan. Short ti.t1e andning Act, 1976, "tid shall comc into operationon such date LIS ccunneueemcnt,the Governor, ,by Proclamatiou'in the Gazette, may appoint.

2. (1) I~ this .Act, unless the context otherwise rcquires-« Interpretation.

'''B~rd:';'nie~n~':tile'Pllysfeal I>l~;i~irirt'and' Develop­ment Board established under scetion 3 iitniis':ACt}

l'buildin~" 'inci\n~'a;IY,:o~illiy'pnrfcir, ii'structurc builtor erected :00:'over otun(]er lana; a\id includes tlic~imU 1m;'avcror lil1cler ·whieh'tht.> sthid.'ilr~is built' or erected,

~. ~ ~. " ;:.. , ::'"tt (;.'; .~..;{." ,~':

"chairman" Includes the depnty chairman:

~o. 8.

42

Town and Country Planning 19;6.

The Physiea1Planning adDevelepmeatBoard.

"dcvelopment" includes all building, demolition andmining work, and, subject to subsection (2) of this section, thesub-division of land, the display otan advertisement, andchange of use;

"Minister" means.the- Minister for the time being res­ponsib!e for matters relating totown and country planning.

(2) In this section -"advertisement" means any sign, placard, board,

notice, hoarding, word, letter, model or .deviee, displayed on oroutside uny building or 0'11 land and used or adapted or intendedfor use for the purpose of udvertisiug to the public and situatedin or within sight of any public place;

"change of usc" means ally use of a building or landfor a purpose differeut from the purpose for which that buildingor land was previously used;

"sub-division" means the division of any building orpiece of land into two Or more parts for the purpose of sale,transfer, lease, the creation of a trust, or any other transactionwhether or not similar to the foregoing.

3. (1) There is hereby established the Physical Planningand Development Board which shall consist of the followingmembers -

(a) the Head of the Physical Planning Unit;(b) the Director of the Economic Planning .Unit ;(c) the Chief Technical Officer;(d) the Chief .Agricultural Officer;(c) the Chief Surveyor ;(f) the Public Health Superlntcndent ;(g) the General Manager of the Housing and Land Develop­

ment Corporation;(h) the l\IanagQr of the Central Water and Sewerage

Authority; and(i) three persons, not in the public service, appointed by

the Governor.

(2) The Governor SI1811, by instrument in writing, ap­,pOlnt a chairman and. a deputy chairman of the Board fromamongst the members, and the deputy chairman shall, in theabsence for nn;)" reason of the chairman, perform the Iunetionspf the ehairman,

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Town alld Country Planning 1976.

. (3) A person appointed under paragraph (i) ofsubsection (1) of this .seCtIOll shall- serve 011 the Bo~rd f?rsuch period not exceeding two years as may be specified m

instrument of his appointment, but shall be eligible forh -appointment upon the t>xpiry of his period of office byeffluxion of time.

(4) Every appointment made under subsections (l)and (2) of this section shall be notified in the Gazette.

(5) The Head of the Physical Planning Unit shall netas secretary to the Board.

(6) In the event of the temporary incapacity of a mem­ber, whether hy reason of il1ne~ or ?ther silffieient cause, andthe temporary absence from Saint Vment of any member, theGovomor may appoint some other person to act as a temporarymember for so long as the incapacity or absence continues.

4. (1) The Board shall meet at such times as may be nt>ct>s­sury for tht> transaction of business.

(2) The, ehnirmnn shall convene a speeial nlCf'tin~ ofthe Board within seven days of receipt of a requisition for thatpurpose addressed to him in writing signed bya'lly two members,of the Board, and on any other occasion when he is directed inwriting by the Governor so to do.

(3) The chairman shall preside at meetings of theBoard.

(4) The chairman and two other members shall forma qnorum :

Provided that, where any member is disqualified byvirtueof section 5 of this Act from taking part in any deliberation ordecision at any meeting of the Board, that fact shall be dis.regarded for the purpose of constituting a quorum for suchdeliberation or decision,

(5) 'I'ho decision of the Board with regard to anyquestion shall be determined by vote of the majority of the memobers present and voting at a meeting of. the Board, and in theevent of equality of votes the chairman shall, in addition to hiltown vote, have a casting vote.

(6) Minutes of the proeeedings at f.'Vf.'ry meeting of theBoard shall be kept in such manner as the Board shall determine,

:lleetings of theHoard 11I\(1

procedure,

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Toum and Country Plcwni1/[J 1976.---_._- -------------------_._. - - - ._ .. -.

and, shall be.couflrmed by, the signature of: tbe chairman at thenext subsequent meeting ':ifte"r tTley have been recorded.

. (7) ~ubject totJ1i~ foregoing provisions of this sectthe noard may regulate its own proceedings,

Diselosure ofinterest, ete,

Proteetlon ofBoard andmember...

Functions ofthe Board.

l 5. Every.member ,,0.( .the Boazd who is -Ot becomes awarethat, in .,ar~r, re.s:p~f;t jvl~cthc~,dir'~ctIy, .or:, in(Fr~<:tIy •.~l~;has .a~linterest 11l any matter before the Board'shall deelare his interest,thercin at the finst. practicableopportunity before or, as the casemay he, during the meeting of the Board .at .which such matteris,..d.is!.:u~sed".:;p).d in. :~m;.S:,~nt,.af~~.r Pf~Ol"nin~so. a',v~re o~ hisipterest, he s~}a~l k~ (hsf!ll?hft.e.g.!r~m, taking' part; in a~.y. <)lSCUS­sion eoneerrnng, and from voting III respect of, such matter,

~. 0). JI.1~.,v"a~i~lify,?t~pytl1ingdone under this Act shallnot be affected solely by reason of -

(a) the existence of Ilny,vacanc:r in...the .. membership, orany defect in the CClll'stitu!ion, oftho Board;

(b) an omission .or: irregl~l:,trity.i?l r~J:lect.of a.meeting orany. proceedings of the Board under section 4 of thisAct;

{c) the. eontrnvention by a member of the provisions ofSeCtion 5 of this Act.

(2t.Np ,ltiYil prpc('tl(lipgsl.~.llall ..l~e .•C?:t: be institutedngninst any inember of the> Board, and in die event of su~Il.,pr<:>­ceedings agninst the Board no member thereof shall be held tobe "perl;o;nally liable ,in"respect of any act or onilssion occurringin good faith in pursuance, or purported pursuance, of any oftheprovisions of this Act.

7. (1) The functions of the Board shall be -(n) to Institute .mid ninintain a study Of (OW11 and country

developmont:(b) to. nrepar,e a, National plan, an~l.Regional and Local

plans. in accordance with sections 8 and !l of this Act;(e) to. pr('p.ar(>, ill accordance with section 10 'ofthis '1\(>(

for submISSIon to Cabinet, such, .suhkct reports 'as theBoard or Cabinet may from time to time eonsiderneeos­.~l).,l'X ,o.r_~q.c~~Nble to a!\s~t the proper planning of theuse or development or land;

(d) to ensure the orderly and progressive development of

45

To'iiJ'Il altil COl11l1 r'y Planning-~-_ .._.._---_._.~-.- . _..._. ----- .. __._-._.._.--------------------

liuWl f1iitl the propel' pfamnng of town and countryarens ;

(e) to control !lewlopment by such means as arc providedb~' this Act;

(f) .t.iUlo all ,'~Ol(\r:. t.1ii~~~,necessa!J' for carr~in~ out thepurposes and prOVISIOns of this Act as may lie author­ized.

(2) The Boardshall remain at all times responsible ferthe due and proper performance of its functions 'under this.s~l;.tjml, but .~ub.ir~tt.~.t,l..e, foreg~i~g:~e :Board may, for t~~e'putpos(is of sneh performance, as It flunks fit ..:..-

(a) consult dfh or ontain nd,~ice from any othcrperson :(b) ~ng~g~, t~('. ~ssi,~ta,nc~ of other persons for any general

or particular purpose;

(c) de'egate aJ}Y of ils duties 11'11de1' section 8 of this Act tomiothcr person.

l!JiG.

8. (1) For .the purposes of the study mentioned in para- 2\Iatters to be:n-aph (a) or~e(,tiol1'7 (1) onhi!rAct'theDoriri:.1. bothinrolntion considered byto Saint Vineetlt,a'lld in relation to any area thereof which, in thc Board.tile 'opinion of the 'Board or of Cribinet, reqllil~r's'p:frticiularat-tention. shall oxaminc and keep under constant "rcvie'v-

(n) the numcricnl size, the composition and the distributionof the poputntion ;

(b) the principal physical, euvironmcutal and economiccharnctoristies ;

(c) the aeaitnbility of public utilities and communications;(d) such other matters as the Board eousiders it desirable

to be, or ns Cabinet may direct should be, so examinedand reviewed,

and shall have rr-eard to current trends and pollciesrclnting' totile fbregohi'g -,fhfCh 'are or may De relevantto dc,;('lopititint.

(2) Fhr'tllt> purposesof the preparation of t11(' Nationalplan mPJifii:>ife'd nl~ pntagraph (brof section 7 (1) of this Act theBoard shall eousitlcrthe following matters -

(a) HI.!' dlstributlon, nnd any forseonble variation of thedistribution. of the population ,

(b) the progress of, and eurrrnt tiioild§ rind policies relatincto, ecohdfit'ic' and :soHaI 'development; '"

(c) prevailing physical und environmental coudltlons j

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Town aiul Count"J Pla1l111:lIg 1976.

(11) current trends and policies relating to the S'·8te111s of

Vco.lllmunicat ioll within, and connecting ',-iih, Sa;',lt

mcent ,

(e) the Iorseeable need and availability of land for natunagrteultural and forestry reserves, public open spaces,and other areas which it appears to the Board to be inthe national interest to retain or provide;

(f) the availability of resources likely to be required forthe purpose of carrying hito effect the proposals of theNational plan.

(3) For the purposes of the preparation of Regionalplans the Board shall COli sider, in relation to a particular region,the following matters -

(a) the 1110St advantageous development and use of landwith the region;

(b) the numerical size and distribution of the population;(c) prevailing economic, physical and environmentnl ecu­

ditions ,(d) the availability of public utilities and communications;(e) the nvailability of resources like'y to be ,refJu:red for

the purpose of enrryinginto effect the proposals; of theRegional plan concerned;

(f) the relationship between' those proposals and the cur­rent Xational plan and all other Regional plans hithertoprepared.

(4) For the purposes of the preparation of Local plansthe Board shall consider, in relation to a. particular loeality, thefollowing matters -

(a) the principal function of the locality concerned and m;ysystems of communication therein :

(b) the precise location of all proposed roads, buildings andopen spacesand of m~y'land to be set aside as a x:eside~l­rial industrial or ::grlcultural area, and the relationshipbet{vcen each of the- foregoing and the others;

(c) the foreseenblo ('ff('et of the establishment of locationsunder paragraph (b) on IHljacent areas outside thelocality concerned and in relation to any a~r~ndy exist­iug plans of such areas;

(d) any other measures which, in the opinion of the Board,

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TOWIl and Country Planni11[J 1976.

(f)

(e)

are or may be required to ensure the provision of asatisfactory environment in the locality coneerned ;the stages by which thedevelopment of the locality con­cerued should be' undertaken;the availability of resources likely to bc required ferthe purpose or carrying into effect the proposals of theLocal plan concerned.

D. The National plan and every Regional and Local planprepared -under section 8 of this Act shall comprise -

(a) a written statement eontaining the policies aud pro­posals of the Board in relation to the planning of theusc and development of the area with which the plan isconcerned; and

(b) such maps, diagrams, and other illustrative or descrip­tive matter as to the Board may seem appropriate forthe purpose of explaining those policies and proposals,

and shall be published in the manner prescribed Ly Regutationsmade nuder this.Act.

10. For the purposes of the subject reports mentioned inparagraph (c) of section 7(1) of this Act the Board shall pre­pare and submit to Cabinet written statements containing thepolicies and proposals of the Board ill relation to the subjectwith which. the report deals, and may explain those policies andproposals by means of any map, diagram, or other illustrative ordescriptive mutter as to the Board may. seem appropriate.

11. (1) Subject to subsection (3) of this section no personshall carry out, or cause to be carried out, any developmentexcept under and in accordancc with 1:he conditions of a grantof permission for development issued by the Beard.

(2) Every person applying for a grant of permissionfor development shall submit an application to tlie Board in" theform prescribed.

(3) Permission for development is not required in res­pect of -

(a) development which affects only the interior of a build­ing or rwhich does not materially alter the externalappearance ora building;

(b) allY work earried out by or On behalf of a statutory

Form of plansprepared bythe Board.

Subject reports.

Permission fordevelopiucut,

No.8.

43

fo.um and Country ·Pla1l1ling 1!)/6.

-----.------------------------

Determinationot nppliratioristor grant ofpermission.

undertaking in pursuance of its statutory powers orditties;

(c) d~re~opment autl19riz,ep. under and e~.e<:uted in aeeo.,ance with' the HQusing' arid Lana Development Corpc,ation Act, 1976; .

(d) a f:hup--gc ,of use, confined within the eurfilage of a. dweIlhlg.hotise;-';vhicli is incidental to the elijo~'mellt of

the dwelling-house us sueh;(e) a change ,of ~\sC of ,any land, or .of Ul)y building occupied

togethcr vwith agl'icultural lund, Ivr the purpose» ofagriculture;

(f) the erection, alteration, extension or reconstruction of ag-ate, fence or. wall which in .height -(i) does not exceed three feet six inches ..where such

gate, !.en,c~ Q.r wall .abuts upon any road capable ofcl,l,l'ryu,lg motor t,r,u.fpc;

(ii) docs not exceed six fe,e.t in any o,th.er case, if, afterthe completion of the :w~rk Jl~t.;e_S.~"ry for s~r,h .erec­tion, alteration, extension or ,r.t;lco.Jol,~h:1,1<;t.i9.n, .t.IUlgate, fence or wall does not exceed the heightspecified in .I:elation .thereto in this section whenmeasured from the ground;

(g) any development or class of development which theMinister lJ.lay,·· by "Order published in the Gazette,~p~Cify .as being iexerupted from the' requirement ofpermission under tliis section.

12. (1).,In d~ali,ng.,v:ith an application ,for the grant ofpcrniissionTor dcvelojiinent, the Board' inay either grant orrcfuse' perniission or 'ni~ly"f>Qstpone Jts decision on the applieu­tion for the purposes of subsection (4) ofthis section,

(2) A decision ,?f the Board under subsection (1) ofthis section may 'relate, to the whole or to'itiiy distinet part of thedevelopment ill respect of .whieh the application is "made, andmay be given subject to any reasonable conditions or Iiniitationswhich the -Board sees fit. toimpose .for .thepurpose, of ensuringthat' the development i~ carried' out 'hi accoroci:iicc with the pro-visions of this Act. .

(3) Every.dl:dl$itm .of the Board under .subsection (1)of this section shall be given inwrjting, in ..the prescribed formand•. unless it is ,s~J;y~d .on .t!le.N?nU~llpt.• within ,~~ ,:p~rio<1 oft:\velve weeks from'the daie o'f 'receip't'of the 'application b~' the

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Town alld Country l'lanning 1976.

Itonrd the applicant shall be at liberty to treat the applicationOl'~as' tht> case may be,. that part ~f it in respect of which a« iiou has no.t b~e!l gIVe!!, as ~hav111~ been refused and mayal't l l 'al, as provided 111 section 1 j of tins Act, at the expense ofthe Board.

(4) Every decision of the Board under subsection (1)of this seetion shall, except in the case of a grant of permission,state the reasons therefor, and if the Board postpones its decisionit shall be to enable the applicant, within such period not exeed­in" eieht weeks as shall be specified by the Board, [0 furnish theIh;:·ll·J'with maps or plans to the satisfaction of the Board show­ing' the nature, extent or manner of the development desired, or"rth am' other information in writing which, in the opinion ofrho Board, is relevant to the application.

(;}) Every grant of permission for development shall11(' specified to be subject to the condition that the developmentto which it relntos is to be completed in accordance with theprnut within the period of two years immediately following thedate of the grant unless a different period is specified by theBoard in the grant:

Provided that the Board may, at nny time before the expiryof any such period, grant an extension of the period to a dateto be specified if satisfied by the applicant that the extension isreasonably necessary to enable the development to be completed.

(6) A grant of permission in respect of any develop­mont which has not been completed or substantially completedin necordnuce with the grant within the period specified undersub..eetion (3) of this section shall, upon the expiry of thatperiod .be deemed to have been revoked.

J3. (1) In lien of or in addition to proeeedinss for anoffenec rmnishable under section 18 of this Act, and whether ornot such proceedings haw been instituted, where any develop­ment appcnrs to the Board to have heen carried out in contra­vention of any 01' the provisions of this Act the Board may servean enforcement notice in the form prescribed upon the owner ortho occupier of any land or building in relation to which suchdevelopment nppcars to have been carried out and upon anvoth('r person who, in the opinion of the Board, may be affectedby the order.

(2) Every enforcement order shall specify the matterswhich it is alleged constitute a contravention of the provisions

Enforcementorders.

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50

Town aiul Coltllfl'y Plannillg 1976.

of this Act and the steps which the Board requires to be takento ensure compliance therewith, and shall further specify a dateby or before which all such seeps are required to be taken,

(3) A.llj- person upon whom an enforcement order hasbeen served who, without reasonable excuse, fails or neglects toeomply with any requirement thereof shall be guilty of an offenceand liab'e to a fine not exceeding five hundred dollars and to afurther fine of fifty dollars in respect of each day or part of 11

day during which the offence is proved to have continued.

Waste orders. 14. (1) If the Board is satisfied that any area of land orany building is so derelict, neglected or wasted as to constitute asubstantial detraction from, or from the enjoyment of, anyamenity, the Board may serve a waste order in the form pres­cribed upon the owner or the occupier of the land or buildingand upon any other person who, in the opinion of the Board,may be affected by the order.

(2) Every waste order shall specify the matters whichit is alleged constitute a substantial detraction Irom, 01' from elleenjoyment of, any amenity and the steps which the Board ro­quires to be taken to restore the land or building to a fit eon­dition, and shall further specify a date by or befo;-e which u11such steps are required to be taken.

(3) A.ny person upon whom a waste order has beenserved who, without reasonable excuse, fails or neglects to C0111­

ply with any requirement thereof shall be guilty or a'l offenceand liable to a fine not exceeding five hundred dollars and to afurther fine of fifty dollars in respect of each day or part of aday during which the offence is proved to have continued.

Tree preserva- 15. (1) If the Board iii satisfled that it is nccersnrv for 11,,,tion orders. protection or preservation of any trees, forest or woodland to

prohibit or restrict the destruction of any such trees, forest ('1'

woodland or any area thereof, or that it is necessary to sccur»the protection of any forest or woodland plautation, the Boardmay serve a tree preservation order in the form prescribed uponthe owner or the occupier of any land 811<1 upon allY other pers-.... ,who, in the opinion of the Board, may be affected-by the order.

(2) An 01'111'1' under this section s11a11 not apply inrelation to -

(a) ti~c destruction. ()f any trees which are (lead, (~ying' ordiseased, or which by reason thereof have fallen or arc

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TOWIl alld COlmfry Plannillg 19iG.

in dancer of falli11g; or(1)) anv measures which it is necessary to take for the pur

po;c of abating a public or private nuisance; or,I:) anything done in pursuance of any obligation or author­

ization ~:lpo:;euor conferred by any written law for thetime being in force; or

(d) the destrtwtion of any trees, forest or woodland tosuch extent as d:c Board may in the order specificallyauthorize,

11<1t subject to the foregoing such order may impose any pro­hihitiou, restriction or requirement for any of the purposesspecified in subsection (1) of this section.

(3) Au)' person upon whom a tree preservation orderlins bc;;,n served who, without' reasonable excuse, fails or neglectsto> comply with any prohibition, restriction or requirementthereof shall be guilty of an oll'euce and liable to it fine not«xcceding five hundred dollars and to a further fine of fiftydollars in respect or each day or part of a dHY during which theottcnce is proved to have eonrinued.

16. (1) If it appear> to the Board to bo necessary to revoke,Yary or modify any grant of permission for development or anyor.k-r made under sections 13, 1-1 or 15 of this Act the Boardnuiy, by not iec in writing' served upon the person to whom such1l~'1 mission was granted or, as tIIC case may be, upon the owneror occupier and any other person upon whom such order wasserved, revoke, vary or modify the grant or, as the case may be,the order, with effect frotn a date 1I0t earlier than fourteen daysdt~'r the date of service of the notice,

Provided that the person to whom permission was granted,OJ' the owner, I)(:\'u;lil'r or other person upon whom the order was~;\'r,·cd, may request that such notice should take curlier effect'with regard to any variation or modification and the Board may,in its discretion, grant or refuse such request, a!HI shall actr-e(:'H'ding1y, bnt such ~'ra'ilt 01' refusal is not a d~dsion for thepurposes of section 17 (1) of this ,Ad.

(2) AllY persou ",110, without reasonable excuse, failsto heed the revocation or to comply with the variation or modifl­cation of It [!rl\II t of permission for development, or fails tocom ply with the vnrintlon or modification of any order, lIl':lPPsubsection (1) of this section shall hI' guilty of 'an offence 111\11

liable to a flue not exceeding fly/) hundred dollars and to (\ fur.

Power of Boardto revoke, ,oaryor mod:fygrants :lUUorders.

No.8.

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Town alld Countrs) rlallnin!J 1976.

Appeals.

ther fine of fifty dollars in respect of each day or part of a dayduring which the otfence is proved to have continued.

17. (1) An applicant who is aggrieved by a decision ob"'Board under section 12 of this Act, or in respect of whose aIJ'f-ll­cation for permission for development a decision has not beeugiven within twelve weeks from tile date of receipt of such appli­cation by the Board, and any person aggrieved by an order madeby the Board under section 13, H or 13, or by a decision of theBoard under section 16, of this Act, may appeal to an AppealsTribunal under this section by serving on the Board and deliver­ing to the Registrar of the High Court notice in writing in theform prescribed of his intention so to appeal.

(2) Within fourteen days of the date of service on theBoard of the notice referred to in subsection (1) of this section,the appellant shall prepare and deliver to the Registrar of theHigh Court and shall serve on the Board a notice of appeal inthe form prescribed, and the Board, if it proposes to contest theappeal, shall prepare and deliver to the Registrar, and shallserve Oil the appellant, within fourteen days of the date ofservice of the notice of appeal, a counter-notice in the formprescribed.

(3) There shall be appointed by the Governor, for thehearing as occasion requires of appenls under this section, anAppeals Tribunal consisting of not less than three members ofwhom at least OUe shall be qualified or experienced in someaspect of town and country planning, one shall be a barrister orsolicitor entitled to practice in Saint Vincent, and one shall bea magistrate.

(4) Upon receipt of the notice and counter-notice undersubsection (2) of this section the Registrar of the High Courtshall, if no Appeals Trbunal is sitting, request the Governor toappoint an Appeals Tribunal for the hearing of the appeal andthe appointment shall be notified in the Gazette.

(;j) After receipt of the notice and counter-not ice undersubsection (Z) of this s·,~tinn and the apr-ointment, if any of 1111

Appeals Tribunal, the Registrar of the High Court shall fix adate for the hcnrinu of the appeal after consultation with themembers of the Tribunal and the parties to the appeal with a'View to achieving, so far as is reasonably practicab'e, a eon­venient date. and shall serve upon the appellant ani! the n'm1"fln notice of the date so fixed, for the hearing, and shall notify thomembers of the Tribunal accordingly.

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Toum and CUlm!ry Plal/ning ur;o.

(6) ..\n Appeals Tribunal shall appoint one of it" mem­bers to act as chairman of the 'I'ribunul, shall hear such evidence

is tendered by the parties, and subject thereto may regulateIlS own procedure, for the purposes of the hearing.

(i) The chairman may at any time consult the partiesW'; to how Lest to proceed with a view co achieving a fair andexpeditious heui-ing, but it shall be the duty of the chairman toensure at all times the orderly conduct of proceedings and his(b:ixion t hereon shall be final and binding upon all personsconcerned in the appeal.

(8) The chairman shall maintain, or cause to be maintaincd, a written note or record of the proceedings and shallensure that at the conclusion of the ht'ilrin~ the recommendationsof the Appeals Tribunal are, together with the reasons therefor,stated in writing and submitted 10 the Minister without unduedelay,

(9) An Appeals Tribunal mev recommend that thsappeal, whether in whole or in part, be allowed or dismissed andmay recommend the Imposition of any reaaonab'e condition orlimitation for that purpose.

(10) The l\Iinister shall consider the notice of appeal, tileccuntcr-uotice, th~ written 'note or record of tile proceodlngs andthe recommendations of the Appeals Tribunal and shall, as soonns reasonably practicable, give his decision thereon which shallbe final and binding upon the parties to the appeal.

(11) The der-ision of the Minister on an appeal shall bein wrlting, served on the parties to the appeal, and shall. togetherwith a summary of the issues and the evidence, be published inthe Gazette.

(J2) The members of an Appeals Tribunal 1':11<111 be paidsuch sum for their services as may be authorized hy the Minister,and all such sums so expended shall be met out of public funds,

18. (1) Any person '''']10, without haying first obtainedpermission as required by this Act, carries out or causes to heei'1'rietl out anv dovelopment other than as specified ill suhsr-crinn(:1) of section 11 of this Act, shall he guilty of an offence andliable to a fine not exceeding one thousand dollars,

(2) A~lY person who, having been granted permissionfor development, without reasonable excuse, fails to comply orneglects to ensure compliance with any condition or limitation

Offences.

~o. 8.

54

Touni aiul Country Planning 19/1i.

imposed by virtue of subsection (2) of section 12 of this Act, orwho curries out or causes to be carried out any development aftersuch permission if; deemed under subsection (6) of that scctic: ~to have been revoked, shall ue guilty of an offence and !i,:b1e tou i1nc Hot exceeding five hundrc.l dollars and to a further fine offifty dollurs in respect of each day or part of a duy curing whichtl.e offence is proved to have continued.

(~) Any party to an appeal under section Ii of this..Act who fails to compiy with, or WIIO neglects 1:0 ensure COIll­piiaucc with, th~ decision, 0:' with any cunditinn or li .••ita tioncontained in the decision, of the Minister on such appeal, bei';~g

a decision with which he has a duty to comply, shall be guiltyof an offence anrl liable 1:0 a fine not exceeding five huudrrddollars and to a further 11lle of fifty dollars in respect of eac-hday or pnrt of a day during which the offence is proved to havecontinued.

(4) "'"her(' any body corporate is guilty of an ol1t':1('cunder this Act, and the offence is proved to l.ave been comuiitterlwith the consent or connivance of any director, manager, sccre­tary or other officer of the borly corporate, he a'3 well 81:a] bcliable to be prosecuted and punished accordingly fer such offence.

Power to enter 19. (1) Any person duly authorized in writing by thebuilding or secretary to the Board may at all reasonable times enter anyland. building or UPO'il any land -

(a) to ascertain whether the provisions of this Act arc beingor have been complied with;

(b) to inspect any such building or land;

(c) to obtain any information which he has reasonablegrounds to bclievo mny assist the Board to determinewhether or not an o'1'ell<:(' under this Aet is heill[!. or Ii",;heon committed and to ide.ltify till' person rcspcnsil.lcfor the commission of any such offencs ;

(d) to require any person whom the Board has reasonableground for suspecting to have committed or to be com­witting an offence under this Act to answer any quos­tion or to produce any document which may be relevantto ostablish the commission of any such oflvnee.

(2) Anyone who wilfully obstructs or hinders a personduly authorized under subsection (1) of this section, or who,when required \1;1<1t'r that subsection to giy(~ any information,answer any question or produce ml~' document, refuses to give

Xu. s.

55

Town and Countru Plannitu] 197G,

such information, answer or document to such person or know­ii: clv zivcs anv information, answer or document which is false!·-=>:;!islcad;·llg: shall be guilty of an offence and liable to a Hue

not exceeding five hundred dollars.

(8) A perscn m.thoi-ized for tl:e purposes of subsection( l ) of t~lL; s~dion shall Le :ur:lished \·..ith a written authority

::;·':1l:':.1 tv the secreta-y to th·,:) Board, and such person shall pro­tl;"c his' nutl.crity for the inspection of any ocher person reU3011·at;;r rc~~uiring its production.

(-1) If the Board is satisfiod that, for any reason, any­o::c upon whom :m order under section 1:3, LI: or 13 of this l\.Ct11:1S ],.'C\1 s:'l",ed lias Jailed to curi y out, or to ('au~C to b.' currk«!"ur, uuy l't"luil'ement or such or<10J', t:l(' secretary to the Board1lI:1~' in writing authorize any perSOI1 to enter the lend or buildingi:I {iur<;tio·.l und to <}:; or cause to 1;2 c!t)l1r all things nceessary1~) ,'n-;ur2 compliance 'Villi such r;(::.:~rrlncEt, a~H.1 the cxpons.nill/'mTI'tl therebv shall 1J~ l';!i::H-Cl';tull' sunnourilv ns a civil lle'.,t{rJm the person upon W1:0111 tho orel'.'l" was s~rv·{'<.1.

2'1. (1) Seryice upon d:C' Bonr-l of nll documents under Service oft1:i:: .'\.(,t rermircd to lit' SOl-YeU shall u:' executed and l'IT'~rti'"l' documents.upon delivery to the office of the secret ary to the Bond.

(2) Every UOCUIlH'llt required l~~' this Act to 1.:(' SI'1'\"" 1on the Board shall, on delivery lit the office or secretary to theBoard, be marked or stumped so ns to show clearly the (~ate uponwhich it was delivered.

(3) Service upon any person other than the Board fieall doeuemnts under (his Act required to be scrvc.l shall bE' cxc­outed and effective if -

(a) delivered personally ; or

(11) :ddressE'<1 to the person and left :11. his usual or lustknown place of abode 01' nt nnv nddrcss for ser-vice noti­fied l'y him 01' on his behalf; or

(c) sent by r:'g;::;tcr~'d {lest, addressed to tho person, to hisusual or last known p'nco of abodo or to any nc1<I!'~'_';;j

for service notified by him or on his behalf , or

(d) in the ease of a company, deHvC'l'('(l personally or sentby rrgisterccl post .nth1rC's3cd to the secretary of thecompany at the registered office of the company or itsprincipal place of business; Or

(e) affixed conspicuously to some object on land owned 01"

Xo.8.

56

Town and CUllnfl'Y Planning 1DiG.

Evidence.

:Regulations.

occupied ly the person and addressed to him by name,or as .. the owner " or "the occupier" as the case 111l1]/'

be:Provided that service in the manner specified iIi

paragraph (e) of this subsection shall not be effectiveunless service hv other means under this subsection hasInilcd or is ImO\nl to be likely to fail.

21. Minutes of any meeting of the Board which purport tohave been kept and confirmed in necordanee with suhseetion (G)of section 4 of this Act shall be receivable as prima facle evidencein all legal proceedings without further proof of the keeping orcontents thereof.

22. The Governor may make Regulations l!enerally for theproper carrying out of the provisions and purposes of this Ac·t,and in particular but without prejudice to the generality of theforegoing mny make Regulations - •

(a) providing for the manner of preparation by the Boardof subject reports;

(b) specifying conditions under which development orany class of development may be exempted from theroqulrement of permission under section 11 (3) tg) ofthis Aet ,

(c) prescribing the form or any applieation, decision,notice or other document uuthorizcd or required by thisAct to be prcscribed ,

(d) prescribing the fOI'111 of enforcement, waste and treepreservation orders, and providing ill relation to suchorders for -

(i) the procedure to be followed with regard to thesubmission and determination of objeet ions ;

(ii) the manner of their enforcement by tl.e Board;(e) prosrribing' fees to be paid in respect of applications for

grants of permission for' development and in r,':;i:cct ofappeals;

(f) prescribing the form and contents of the note or recordof proceedings to be maintained, and tho rccnnuucnd,:l tions to be made, under section ] 7(8) of this Art, andsubject to section 12 (3) of this Act providing for thecosts of nppenls under section 17 of this Act;

(g) providing for the mauucr of publication of the Xatioual

~o. 8.

57

Town and Country Plailning 1976.

Ord, Xo, 37 of1968.

plan, and of Regional and Local plans, for the informa­tion of the general public.

23. (1) Subject to the provisions of this section, the I..and Repeal andDevelopment Control Act, 1968, is hereby repealed. transitional

(2) The Board is hereby charged with responsibilityfor the due completion of any matters, outstanding at the dateof commencement of this Act, under the Land DevelopmentControl Act, 1968.

(3) Upon the commencement of this Act -

(a) all property and any other assets belonging to theDevelopment Control Authority ; and

(b) all rights, duties, privileges, powers and advantagesof the Development Control Authority, anll allliabilities and obligations to which it was subject,existing at the commencement, are hereby trans­ferred to the Board.

(4) References, in any deed, contract, security or otherdocument of a private nature, to the Development ControlAuthority shall, upon the commencement of this Act, be con­strued as references to the Board as occasion requires.

(5) Any legal proceedings by or against the Develop­ment Control Authority pending immediately before the com­mencement may be continued on and, after the commencementby or against the Board, as the case may be.

(6) Any limitation of time in respect of proceedingsby or against the Development Control Authority, whether pend­ing or anticipated, arising out of any cause of action accruedbefore the commencement of this Act shall not be affected by theprovisions of this section.

(7) In this section the Development Control Authoritymeans the Development Control Authoritv established unds rsection 3 of the Land Development Control Act, 1968.