Physical Planning (Amendment) Act 2020 (Act 2)

1' \' ACTS SUPPLEMENT No. I 10th January, 2020 ACTS SUPPLEMENT to The Uganda Ga=et/e No. 3, Volume CXIII. dated /01/1 January. 2020 Printed by UPPC, Entebbe, by Order of the Government. Act2 Physical Planning (Amendment) Act THE PHYSICAL PLANNING (AMENDMENT) ACT, 2020 ARRANGEMENT OF SECTIONS Section 1. 2. 3. 4. 5. 6. 7. 8. 9. I 0. II. 12. 13. 14. 15. 16. 17. 18. Amendment of section 2 of the Physical Planning Act, 20 l 0. Insertion of new section 2A in principal Act. Substitution of section 4 of principal Act. Amendment of section 5 of principal Act. Substitution of section 6 of principal Act. Insertion of new section 6A in principal Act. Substitution of cross heading. Substitution of section 7 of principal Act. Substitution of section 8 of principal Act. Amendment of section 9 of principal Act. Amendment of section l O of principal Act. Amendment of section 11 of principal Act. Amendment of section 12 of principal Act. Substitution of section 13 of principal Act. Amendment of section 14 of principal Act. Amendment of section 17 of principal Act. Insertion of new section 17 A in principal Act. Amendment of section 18 of principal Act. 1 2020 Act2 Physical Planning (Amendment) Act 2020 Section 19. Amendment of section 21 of principal Act. 20. Amendment of section 22 of principal Act. 21. Amendment of section 23 of principal Act. 22. Amendment of section 25 of principal Act. 23. Substitution of Part VI of principal Act. 24. Insertion of new sections 47A and 47B in principal Act. 25. Amendment of section 48 of principal Act. 26. Amendment of section 52 of principal Act. 27. Amendment of section 53 of principal Act. 28. Amendment of section 55 of principal Act. 29. Substitution of section 57 of principal Act. 30. Amendment of section 60 of principal Act. 31. Consequential amendment to principal Act. 32. Amendment of Second Schedule to principal Act. 2 Act2 Physical Planning (Amendment) Act 2020 THE PHYSICAL PLANNING (AMENDMENT) ACT, 2020 An Act to amend the Physical Planning Act, 2010; to provide for the functions and powers of the Board; to establish a secretariat for the Board; to provide for the appointment of the Executive Director and staff of the Board; to streamline the composition of physical planning committees; to provide for offences and deterrent penalties for contravention of the Act and for other related matters. DATE OF AssENT: 12th December, 2019. Date of Commencement: 10th January, 2020 BE IT ENACTED by Parliament as follows: 1. Amendment of section 2 of the Physical Planning Act, 2010. The Physical Planning Act. 20 IO in this Act referred to as the "principal Act" is amended in section 2- ( a) by repealing the definition of"head of the national physical planning department;" (b) by inserting immediately after the definition of the word "subdivision" the following- "subject plan" means a thematic plan that covers a particular subject, such as housing, transportation network or industrial development;" 3 Act 2 Physical Planning (Amendment) Act 2020 2. Insertion of new section 2A in principal Act. The principal Act is amended by inserting immediately after section 2 the following- "2A. Right to a clean and healthy environment. (I) Every Ugandan has a right to a clean and healthy environment in accordance with article 39 of the Constitution. (2) Subject to subsection ( 1 ). every Ugandan has a duty to create, maintain and enhance a well-planned environment. (3) A person may, where the right referred to in subsection ( 1) is threatened as a result of an act or omission by any person which has or is likely to breach a physical development plan or physical planning standards or in the enforcement of the duty referred to in subsection (2), report to the relevant authorities or file a civil suit against the person whose act or omission has breached or is likely to breach a physical development plan or physical planning standards. (4)A person proceeding under subsection (3) may file a civil suit notwithstanding that the person cannot prove that the act or omission of another person has caused or is likely to cause personal harm or injury." 3. Substitution of section 4 of principal Act. The principal Act is amended by substituting for section 4, the following- "4. Establishment of National Physical Planning Board. (I) There is established the National Physical Planning Board which shall be the highest body responsible for physical planning in Uganda. (2) The Board is a body corporate with perpetual succession and a common seal and may, for the purposes of discharging its functions under this Act- 4 Act 2 Physical Pla1111ing (Amendment) Act 2020 (a) acqmre, hold and dispose of moveable and immovable property; (b) sue and be sued in its corporate name; and ( c) do all acts and things as a body corporate may lawfully do. (3)The Board shall be appointed by the Minister on such terms and conditions as the Minister may detennine. (4)The Minister shall appoint the chairperson of the Board from among the members. (5)At least one third of the members of the Board shall be women. (6)The members of the Board may be paid remuneration or allowances approved by the Minister, in consultation with the Minister responsible for finance and the Minister responsible for public service. (7) The proceedings of the Board shall be in accordance with the Second Schedule to this Act." 4. Amendment of section 5 of principal Act. The principal Act is amended in section 5- (a) in subsection (l) by substituting for the word "three" the word "four"; (b) in subsection (3)- (i) by substituting for paragraph (a) the following- (a) "for inability to perform his or her functions arising from infirmity of body or mind" (ii) by inserting immediately after paragraph (e) the following- "(f) for incompetence." 5 Act 2 Physical Planning (Amendment) Act 2020 5. Substitution of section 6 of principal Act. The principal Act is amended by substituting for section 6, the following- "6. Functions of the Board. { l) The functions of the Board are- ( a) to cause to be prepared national and regional physical development plans for the orderly and sustainable development of Uganda; {b) to ensure the coordination of the preparation of physical development plans made by local governments; ( c) to hear and determine appeals lodged by a person or local government aggrieved by the decision of a physical planning committee; (d) to determine and resolve physical planning matters referred to it by physical planning committees; ( e) to advise the Government on all matters relating to physical planning and urban development, including physical planning policies and physical planning standards; (f) to study and give guidance and recommendations on issues relating to physical planning which transcend more than one local government for purposes of co­ ordination and integration of physical development planning; (g) to approve urban or district physical development plans; (h) to recommend to the Minister, regional and national physical development plans for approval by Cabinet; (i) to advise the Minister responsible for local governments on the declaration and upgrading of urban authorities and cities; 6 Act2 Physical Pla1111ing (Amendment) Act 2020 (j) to advise the Minister on the declaration of special planning areas; (k) to monitor and evaluate the implementation of physical development plans; (1) to ensure the implementation of local government physical development plans; (m) to ensure the integration of physical planning with social and economic planning at the national and local government levels; (n) to exercise general supervisory powers over all physical planning committees; (o) to co-ordinate physical planning related activities in Uganda to ensure the orderly and sustainable development of human settlements in rural and urban areas; (p) to sensitise the public on matters of physical planning; (q) to issue guidelines to ensure effective participation and engagement of the public in physical planning; and (r) to cause to renew urban areas and improve slums and other informal settlements. (2) The Board shall, to the greatest extent possible and consistent with this Act, consult and co-operate with ministries, departments and agencies of Government including the Uganda Police Force and other agencies having duties, aims or functions related to those of the Board. (3) It shall be the duty of any organisation to which subsection (2) relates to cooperate with the Board in the carrying out of its functions under this Act." 7 Act 2 Physical Planning (Amendment) Act 2020 6. Insertion of new section 6A in principal Act. The principal Act is amended by inserting immediately after section 6, the following- "6A. Powers of the Board. ( 1) The Board may, in the performance of its functions, exercise and discharge the following powers- (a) control, supervise and administer the assets of the Board in such manner and for such purposes to promote the purpose for which the Board is established; (b) conduct any investigation or inquiry relevant to physical planning development in Uganda; ( c) issue guidelines, directives or instructions to physical planning committees for the proper conduct of physical planning and urban development; (d) order the demolition of any building or structure constructed in contravention of this Act; and (e) delineate the planned area by pegs or any other appropriate form of visible delineation. (2) The Board may, by instrument of delegation, delegate to the Chairperson, a member of the Board or an officer of the Board, any of the powers, duties or functions of the Board under this Act." 7. Substitution of cross beading. The principal Act is amended by substituting for the cross heading appearing immediately after section 6 the following- "Secretariat and Staff of the Board." 8 Act 2 Physical Planning (Amendment) Act 2020 8. Substitution of section 7 of principal Act. The principal Act is amended by substituting for section 7, the following- "7. Secretariat of the Board. ( 1) The Board shall have a Secretariat which shall be headed by an Executive Director. (2) The Executive Director shall be appointed by the Board, on terms and conditions specified in the instrument of appointment. (3) The Executive Director shall be a person of high moral character and proven integrity, who has qualifications and experience in physical planning and with experience and competence to manage the affairs of the Board. (4) The Executive Director shall be the secretary to the Board. (5) The Executive Director shall hold office for five years and is eligible for reappointment for one more term only. (6) The Executive Director shall cease to hold office if-­ (a) he or she resigns; (b) he or she is declared bankrupt or insolvent, or has made an arrangement with his or her creditors; ( c) he or she is convicted of an offence and sentenced to imprisonment for six months or more by a competent court in Uganda or outside Uganda without the option of a fine; 9 Act 2 Physical Planning (Amendment) Act 2020 (d) he or she is removed from office by the Board for- (i) inability to perform the functions of his or her office arising from infirmity of body or mind; (ii) abuse of office; (iii) misbehavior or misconduct; or (iv) incompetence. (7) The Board may, on the advice of the Executive Director, appoint other officers and staff of the Board as may be necessary for the efTective performance of the functions of the Board. (8)The employees appointed under this section shall hold office on such terms and conditions as the Board may determine and specify in their instruments of appointment." 9. Substitution of section 8 of principal Act. The principal Act is amended by substituting for section 8, the following- "8. Functions of Executive Director. ( l) The Executive Director is responsible for the day to day operations and administration of the Board. (2) Subject to this Act and to the general supervision of the Board, the Executive Director shall- (a) implement the policy decisions of the Board; (b) be responsible for the control of the staff of the Board; ( c) arrange the business of the Board, record and keep the minutes of all decisions and proceedings of the Board at its meetings and any other records of the Board; 10 Act 2 Physical Pla1111ing (Amendment) Act 2020 (d) ensure the proper management of the funds and property of the Board; ( e) develop strategic plans to guide the Board in achieving its objectives; (f) develop an economic, efficient and cost effective internal management structure for approval by the Board; and (g) perform any other function which may be assigned to him or her by the Board. (3) The Executive Director is, in the performance of his or her functions answerable to the Board." 10. Amendment of section 9 of principal Act. The principal Act is amended in section 9 by substituting for paragraph (m) the following- "(m) a physical planner in private practice appointed by the council on the advice of the Executive Director." 11. Amendment of section 10 of principal Act. The principal Act is amended in section 10- (a) by substituting for paragraph (a), the following- ,' "(a) to prepare district physical development plans, through its officers, agents or any qualified physical planners; • (b) by inserting immediately after paragraph (h), the following- "(i) to recommend to the district council, district physical development plans for approval by the Board; 11 Act2 Physical Planning (Amendment) Act 2020 (j) to recommend to the district council the approval of sub county physical development plans." 12. Amendment of section 11 of principal Act. The principal Act is amended in section 11- (a) by substituting for paragraph (d), the following­ "(d) city, municipal or town environmental officer;" (b) by substituting for paragraph (g), the following­ "(g) the officer responsible for public health;" 13. Amendment of section 12 of principal Act. The principal Act is amended in section 12- (a) by substituting for paragraph (a), the following- "(a) to prepare urban physical development plans and detailed plans; (b) by inserting immediately after paragraph ( e ), the following- "(f) to recommend to the appropriate urban authority, urban physical development plans for approval by the Board;" 14. Substitution of section 13 of principal Act. The principal Act is amended by substituting for section 13 the following- "13. Establishment of sub county physical planning committees. (I) Each sub county council shall establish a sub county physical planning committee which shall consist of-- 12 ~ f Act2 (a) (b) (c) (d) (e) (() Physical Planning (Amendment) Act 2020 the sub county chief, who shall be the chairperson; the district physical planner, or his or her representative, who shall be the secretary; the community development officer; the officer responsible for public health at the sub county; the officer responsible for agriculture at the sub county; and the district natural resources officer or his or her representative." (2) The parish chief shall ensure that each house is built in accordance with the site plan issued." .15. Amendment of section 14 of principal Act. The principal Act is amended in section 14- (a) by substituting for paragraphs (a), the following- "(a) the preparation of sub county physical development plans;" (b) by substituting for paragraphs (b ), the following- "(b) recommending sub county physical development plans to the district physical development committee for consideration and approval by the district council;" ( c) by repealing paragraph ( c ). 16. Amendment of section 17 of principal Act. The principal Act is amended in section 17 by substituting for subsection (3) the following- "(3) The record of proceedings of a district, urban or local physical planning committee shall be submi!:ted to the Executive Director." 13 Act2 Physical Planning (Amendment) Act 2020 17. Insertion of new section 17 A in principal Act. The principal Act is amended by inserting immediately after section 17, the following-· "17 A. Experts and consultants. A district, urban or sub county council may, at the request of a district, urban or sub county physical planning committee, engage the services of experts and consultants in respect to preparation of physical development plans." 18. Amendment of section 18 of principal Act. The principal Act is amended in section 18- ( a) in subsection (I), by inserting immediately after paragraph (c) the following- "(f) detailed physical development plans, area action plans and subject plans." (b) by substituting for subsection (2) the following- "(2) The national physical development plan shall be developed to cover Uganda and all other physical development plans shall confonn to the national physical development plan." (c) by inserting immediately after subsection (3), the following- "( 4) In as far as possible, the physical development plans shall be linear." J 9. Amendment of section 21 of principal Act. The principal Act is amended in section 21- (a) in subsection (I), by inserting the words "by Cabinet". immediately after the word "approval"; 14 Act 2 Physical Planning (Amendment) Act 2020 (b) by substituting for subsection (2), the following- "(2) Cabinet may approve a national or regional physical development plan without. or subject to any conditions or modifications as it may consider necessary." (c) by substituting for subsection (3), the following- "()) Where Cabinet refuses to approve a national or regional physical development plan, the Minister shall require the Board to prepare a new plan taking into account the modifications proposed by Cabinet." 20. Amendment of section 22 of principal Act. The principal Act is amended in section 22 by substituting for subsection ( 1 ), the following- "( 1) The Board shall, within fourteen days after Cabinet approves a national or regional physical development plan, publish in the Gazelle, a notice notifying the public that the plan has been approved and that it may be inspected at a place and time specified in the notice." 21. Amendment of section 23 of principal Act. Section 23 of the principal Act is amended- ( a) in subsection (3), by substituting for the words "his or her", the word "Cabinet"; (b) in subsection (5), by substituting for the words "The Minister", the word "Cabinet"; (c) by substituting for subsection (6), the following- "(6) Where the proposed alteration or modification is approved by Cabinet, the approved national or regional physical development plan shall be published in accordance with section 22." 15 Act 2 Physical Planning (Amendment) Act 2020 22. Amendment of section 25 of principal Act. The principal Act is amended in section 25- (a) by substituting for subsection (I) the following- "(}) A district, urban and sub county council shall prepare a district physical development plan, urban physical development plan and sub county physical development plan, respectively." (b) by inserting immediately after subsection (I) the following- "(la) A district physical planning committee, urban physical planning committee and sub county physical planning committee shall cause to be prepared the physical development plan referred to in subsection ( 1 ). " (c) by substituting for subsection (2) the following- "(2) The Board may, at the request and cost of a local government through the district physical planning committee, urban physical planning committee or sub county physical planning committee, prepare- (a) a district physical development plan; (b) a city, municipality or town physical development plan; or (c) a sub county physical development plan." 23. Substitution of Part VI of principal Act. The principal Act is amended by substituting for Part VI the following- 16 Act 2 Physical Planning (Amendment) Act "PART VI-FINANCES. 2020 41. Funds of the Board. The funds of the Board shall consist of- (a) monies appropriated by Parliament for the purposes of the Board; (b) fees, fines and other money paid to the Board for services rendered under this Act; (c) loans to the Board with the approval of the Minister, the Minister responsible for finance and Parliament; (d) grants, gifts or donations to the Board with the approval of the Minister and the Minister responsible for finance; and ( e) any revenue derived from the sale of any property, movable or immovable, by or on behalf of the Board. 42. Power to open and operate bank accounts. (1) The Board shall, with the authority of the Accountant General, open and maintain bank accounts as are necessary for the perfonnance of the functions of the Board. (2) The bank accounts of the Board shall be operated m accordance with the Public Finance Management Act, 2015. 43. Estimates. (1) The Board shall, in accordance with the Public Finance Management Act, 2015, cause to be prepared and submitted to the Minister for approval, estimates of the income and expenditure of the Board and the operating plan of the Board for the next financial year. (2) The Board shall not incur any expenditure exceeding its budget without the written approval of the Minister and the Minister responsible for finance. 17 Act 2 Physical Planning (Amendment) Act 2020 43A. Financial year of Board. The financial year of the Board is the period of twelve months beginning on the I 51 day of July in each year and ending on the 30th day of June in the next calendar year. 438. Accounts. The Board shall- ( a) keep proper books of accounts and all records relating to the transactions and a ff airs of the Board; (b) within two months after the end of the financial year, prepare annual financial statements of the Board for the preceding financial year; and (c) within two months after the end of each financial year, submit the annual accounts to the Auditor General. 43C. Audit. The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Board in accordance with the National Audit Act, 2008. 43D. Annual report. (I) The Board shall submit to the Minister, as soon as practicable but not later than three months after the end of each financial year, a report detailing the activities and operations of the Board during the year to which the report relates, including the audited accounts. (2) The Minister shall, within two months after receipt of the annual report, submit the report to Parliament with any statement which he or she considers necessary. (3) The Board shall publish the annual report and the report on the audited accounts within six months after the end of each financial year." 18 , ' Act 2 Physical Planning (Amendment) Act 2020 24. Insertion of new sections 47 A and 47B in principal Act. The principal Act is amended by inserting immediately after section 47 the following- "47 A. Rewards for implementing physical development plan. ( 1) The Board may reward a local government, land owner or any person involved in physical planning for complying with the physical development plan under this Act. (2) The Minister shall. by statutory instrument make regulations to give effect to subsection ( 1 ). 47B. Certificate of compliance with physical development plan. (1) The Minister shall, in consultation with the Board, issue a certificate of compliance to each local government for the implementation of a physical development plan for the previous year by 30th October each year. (2) The Minister shall, before issuing a certificate of compliance under subsection ( l) assess the performance of a local government in implementing the physical development plan. (3) Where a local government fails to implement a physical development plan, the Minister may recommend to the Minister responsible for finance that funding for the local government concerned be reduced or withheld until the relevant local government complies with the physical development plan." 25. Amendment of section 48 of principal Act. The principal Act is amended in section 48- 19 Act 2 Physical Planning (Amendment) Act 2020 (a) by substituting for section 48( 4), the following- "( 4) Subject to subsection (3), the relevant physical planning committee or the Board may reverse, confinn or vary the decision appealed against and may make such order as it thinks necessary or expedient to give effect to its decision." (b) by substituting for section 48 (5), the following- "(5) The Board or relevant physical planning committee shall, before making any order under subsection (4). give the physical planning committee an opportunity to make representations regarding the appeal and shall afford the appellant an opportunity to respond to the representations of the physical planning committee." 26. Amendment of section 52 of principal Act. The principal Act is amended in section 52 by substituting for the words "secretary to the Board" the words "Executive Director". 27. Amendment of section 53 of principal Act. The principal Act is amended in section 53(2) by substituting for the words "the secretary" the words "the Executive Director". 28. Amendment of section 55 of principal Act. The principal Act is amended in section 55 (1) by repealing the words "head of the national physical planning department". 29. Substitution of section 57 of principal Act. The principal Act is amended by substituting for section 57, the following- 20 --- Act 2 "57. Physical Pla1111i11g (Amendment) Act Offences. ( l) A person who- 2020 (a) knowingly makes a false statement or gives false information in respect of an application or appeal under this Act; (b) obstructs or resists an officer or a person authorised under this Act, in the course of his or her duty; (c) fails to paint his or her building, place litter bins at his or her building, place a sign with the street name on his or her plot as prescribed by the local government or builds in a road reserve as defined in the Roads Act, 20 l 9 or environmentally sensitive area as defined under the National Environment Act, 20 l 9 or litters a public place; or (d) fails to comply with any order issued under this Act, commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or imprisonment not exceeding one year or both. (2)A person convicted of a subsequent offence under this section is liable to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both and in case of a continuing offence, to a fine not exceeding twenty five currency points for every day or part of a day during which the offence continues." 30. Amendment of section 60 of principal Act. The principal Act is amended by substituting for section 60 (2), the following- 21 Act2 Physical Planning (Amendment) Act 2020 "(2) Regulations made under this section may prescribe penalties not exceeding forty eight currency points or imprisonment not exceeding two years or both for the contravention of offences under the Regulations." 31. Consequential amendment to principal Act. The principal Act is amended- ( a) by substituting for the words "local physical development plan", the words --sub county physical deveiopment plan", wherever they appear~ (b) by substituting for the words "·local physical planning committee", the words ··sub county physical planning committee", wherever they appear." 32. Amendment of Second Schedule to principal Act. The principal Act is amended in Second Schedule by substituting for paragraph 2 (I), the following- "(I) The quorum for a meeting of the Board is five members." 22 Act 2 Physical Planning (Amendment) Act Cross references National Audit Act, 2008, Act 7 of 2008 Building Control Act, 2013 Public Finance Management Act, 2015, Act 3 of 2015 National Environment Act, No. 5 of 2019 RoadsAct,2019,ActNo. 16of2019 23 2020