Land Development (Control) (Amendment) Act, 1983

17 PEOPLE'S LA\V NO, 7 OF 1983 PRO C LAM A t I o N BY THE PEOPLE'S REVOLUTLONARY GOVERN~·.1EN'1' A LAW to amend the Land Development (Control) Act, 1968. Gazetted 4th February. /983 1. In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 of 1979 (Establishment of People's Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PRO CLAIMED as follows : J. 'J his Law may be cited as the LAND DEVELOPMFNT (CONTROL) (AMEND----- .-. --, MENT) LAW 1983.-- . and shall he read and construed as one with the Land Development (Control) Act, 1968, hereinafter referred to as the principal Act. SIWI'I till", and ~'\lnqrc lion. 2.----- Section 2 of the principal Act is herebv A I I • • • . • .-,lllelH 1l1~\l amended by deleting the definition of "development" ofscctioa :! of and substituting therefor the following:-- principal Act. "development" means the carrying out of building, engineering, mining or other operations in. on, over or under any Janet the making of any material change in the 18 use of any building or other land or the sub-division of any land and "develop" and "development purposes" shall be con strued accordinigly;' Re peaI and 1-· Sectk 21 2'" d "3 fl' . Ireplacement " - IOns, ... an L.. 0 t le pnnclpa Act are ~~ secti~ns 21. hereby repealed and the following sections substituted ~-. and ~3 of therefor' principal Act. . . :Xl;~~~C~/,~):nt 21(I) Where it appears to the Authority control. that any development of land has been car ried out without the grant of permission re quired in that behalf under this Act, or that any conditions or limitations subject to which the permission was granted in respect of any development have not been com piled with, the Authority may within four years of the development being carried out, or in the case of non-compliance with a condition or limitation within four years after the date (11' the alleged failure to com ply with it if it considers it expedient to do so, issue a notice under this section and serve copies thereof to the owner and oc cupier of the land. (2) Anv notice issued under this section (hereinafter called an "enforcement notice") shall specify the development that is alleged to have been carried out without the grant of the permission as mentioned above Of, as the case may he, the matters in respect of which it is alleged that any such conditions or limitations have not been complied with, and may require such steps as may be speci fled in the notice to be taken within such period as may he so specified for restoring the land to its condition before the develop ment took place or for securing compliance with the conditions or limitations as the case may be; and in particluar any such notice may, for the purposes mentioned above, require the demolition or alteration of any buildings or works, the discontinuance of any use of land, or the carrying out on land of any building or other operations, (3) Except as otherwise provided in this section, an enforcement notice shall take effect at the expiration of such period (rot being less than twenty eight days after the service thereof) as may be specified therein. (4) Where. within the period mentioned in sub-section (3), an application is made to the Minister for permission (0) for the retention on the land or anv buildings or works to which the en.. forcernent notice relates; or (/I) for the continuance of any use of the land to which the enforcement notice relates, the operation of the enforcement notice shall be suspended pending the final de termination of the application and if the permission applied for is granted, the en forcement notice shall not take effect. (51 Where an appcul is made to the Court under subsection (6) by a person on whom the enforcement notice was served, the operation of the enforcement notice ~!l:111 l:e suspended pending the' final determina tion or the withdrawal of the appeal, as the case may be. 19 20 Supple mentary provisions ~s to enforce ment notice. (6) If any person on whom an enforcement notice is served under this section is ag grieved by the enforcement notice, he may, at any time within the period mentioned in subsection (3), appeal against the enforce ment notice to a Magistrate's Court for the area within which the land to which the notice relates is situated; and on any such appeal the Court (a) if satisfied that permission was granted under this Act for the de velopment to which the enforce ment notice relates, or that no such permission was required in respect thereof, or, as the case mav be. that the conditions or limitations subject to which the permission was granted have been complied with, shall quash the enforcement notice to which the appeal relates: (b) in any other case shall dismiss the appeal. 22(1) 1f within the period specified in an enforcement notice. or within such ex tended period as the Minister may allow, anv stens required hv the enforcement no tice to he taken IHI"'~ not been taken, the Authority mav. through its servants PI' agents, enter on the land and take those steps. and may recover a" ;1 simple cOlltrae! debt in any court of comnetent iurisrlicti('tn from the person who is then the own'.?r d the land any CXPCI1SC>S rcason ahlv incurrc.I bv the Authoritv ill t11nf heh-If: :1l1d if 111(11 person. having hCl?l1 ('ptitkd to Rllpenl to the court under section 21, failed to make such fin appeal, he shall not he entitled in pro ceedings under this subsection to dispute the validity of the action taken by the Authority upon any ground that could have been raised by such an appeal. (2) Any expenses incurred by the owner or occupier of any land for the purpose of complying with I1n enforcement notice served under section 21, in respect of any development, and any sums paid by the owner of any land under subsection (1) ill !;pcct of the expenses of the Auhority in taking steps required to be taken by such an enforcement notice, shall be held to be incurred or paid for the use and at the re quest of the person by whom the develop ment was carried out. (J) Where. by virtue of an enforcement notice any use of land is required to be dis continued, or any conditions or limitations are required to h-e complied with in respect of any lise of land or in respect of the carry ing out of any operations thereon, OWlI it any person without the grail! ' r permission ill that behalf under this Act. uses the land PI' causes or permits the land to he used, or carries out or causes or permits to he car ried out those operations, in contravention PI' the enforcement notice, he is liable on summary conviction to a fine not exceeding two thousand dollars and, in case of a con t inuina offence, to a further fine not exceed" ~. . ing three hundred dollars for everv dav after the first day during which the use is so continued. 21' 22 ('ellal'j", Ior failure 10 comply \\ ith certain CI! forcement notices, 2.1. Where, an enforcement notice has been served under section 21 on the person who was, \Vhen the not ice was served on him. the owner of the land to which the enforcement notice relates and within the period speci fied in the enforcement notice. or within such extended period as the Minister may allow, any steps required by the enforcement notice to be taken have not been taken, that person is liable on summary convictiori to a line not exceeding two thousand dollars and, in C,1"1e of continuing offence. to a further fine 110t exceeding three hundred dollars for every day alter the first day during which the requirements of the enforcement notice remained unfultilled. ,~.···-The fnllovvilH!, sections 24. 25, 2(j, 27, 2R and 29 are added to the Ilrincipal Act immediately following section 23: Repeated operation of enforcement notice. 24( I) Compliance with an enforcement no tice, whether as respects (0) the dellHl! it ion (lr aHera I ion of any building or WOIKS; 1M the discontinuance of ~l1Y use of land: or (d any other requirements in the en forcement not iv\ shall not dischnrpc the enforcement notice. (2) Withour rcs(lic1ilHl, the generality of sul-secliou (I) . where anv develop lW~l1t is C~lITic(l out nil land by way of 1:11;--1 l!il1~~ ,"- !('slr·rin!." hl1i1'linf!s (11' Stop 1101iCC~. works that have been demolished or altered in compliance with an enfor?e ment notice, the enforcement notice shall, notwithstanding that its terms arc not apt for the purpose, be deemed to apply in relation to the building c:r works as reinstated or restored as It applied in relation to the buildings or works before they were demolished or altered and section 22(I) and (2) shall apply accordingly. (3) Without affecting the operation of sections 220) and 23, a person who car ries out any development 011 land by way of reinstating or restoring build ings or works that have been demol ished or altered in compliance with an enforcement notice is liable on sum mary conviction to a nne not exceed ing two thousand dollars. 2StI) Where in respect of any land the Authority (a) has served an enforcement notice under section 21: but (h) considers it expedient to prevent before the expiry of the period al lowed for compliance with the no tice, the carrying out of any devel opment to which the notice relates, the Authority may, at any time before the notice takes effect serve 011 the owner and occupier of the land a further notice (in this section referred to as a "stop tlotic~"j referring to, and having annexed to It, a copy of the enforcement notice and prohibiting the carrying out of that development. 23 24 Power of entry. c) !\ slop not ice shall take effect 011 service thereof and shall cease to have effect when-> (a) the enforcement notice is with drawn or quashed, or (h) the period allowed for compliance with the enforcement notice expires. (3) If any person contravenes or causes or permits the contravention of a stop notice he shall be guilty of an offence and liable on summary conviction to a line not exceed ing two thousand dollars and, in case of a continuing offence, to a further fine not exceeding three hundred dollars for every day after the lirst day during which the offence is so continued. 26( J) Any person duly authorised in writ ing by the Authority may, at any reasonable time, enter upon any land for the purpose of surveying it, estimating its value or inspecting it in connection with-> fa) any application for pernussion to develop land under this act; IlJ) any proposal hy the Authority to serve or make any notice under this act; or (d for the purpose of ensuring the compliance with any of the pro visions of this act. en A person authorised under this section to enter upon any land shall, if So required. produce evidence of his authority before 25 so entering, and shall not demand admission as of right to any land that is occupied unless twenty-four hours notice of the intended entry hal: been given to the occupier. (3) Any person who wilfully obstructs a person acting in exercise of his powers under this section is liable on summary conviction to a fine not exceeding three hundred dollars. 27. The Minister may make regulations for the Regulations. purpose of giving effect to the provisions of this Act. 28. The Minister may by Older amend or replace the Power to Schedules to this Act. amend or replace Schedule. 29. The provisions of section 4 shal1 be deemed to Retroactivity. have come into operation on the fifth day of May, 1968.". Dated this 17th day of January, 1983. MAURICE BISHOP Prime Minister. GRENADA. PRINTED BY THE GOVERNMENr I'RINTER, AT THE GOVERNMENT PRINTING OFFICE, ST. GEORGE'S. 1983