Town and Country Planning Act, 1976 (No. 8 of 1976)

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 of land and the proper planning of townand-eountryareas, to make provision for the control of development, and' for matters 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 of Saint 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 and ning 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' Develop ment Board established under scetion 3 iitniis':ACt} l'buildin~" 'inci ~'a;IY,:o~illiy'pnrfcir, ii'structurc built or erected :00:'over otun(]er lana; a\id includes tlic~imU 1m;'avcr or 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 Physiea1 Planning ad Develepmeat Board. "dcvelopment" includes all building, demolition and mining work, and, subject to subsection (2) of this section, the sub-division of land, the display otan advertisement, and change of use; "Minister" means.the- Minister for the time being res ponsib!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 or outside uny building or 0'11 land and used or adapted or intended for use for the purpose of udvertisiug to the public and situated in or within sight of any public place; "change of usc" means ally use of a building or land for a purpose differeut from the purpose for which that building or land was previously used; "sub-division" means the division of any building or piece of land into two Or more parts for the purpose of sale, transfer, lease, the creation of a trust, or any other transaction whether or not similar to the foregoing. 3. (1) There is hereby established the Physical Planning and Development Board which shall consist of the following members (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 from amongst the members, and the deputy chairman shall, in the absence for nn;)" reason of the chairman, perform the Iunetions pf the ehairman, Xo.8. 43 Town alld Country Planning 1976. . (3) A person appointed under paragraph (i) of subsection (1) of this .seCtIOll shall- serve 011 the Bo~rd f?r such period not exceeding two years as may be specified m instrument of his appointment, but shall be eligible for h -appointment upon the t>xpiry of his period of office by effluxion 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 net as secretary to the Board. (6) In the event of the temporary incapacity of a mem ber, whether hy reason of il1ne~ or ?ther silffieient cause, and the temporary absence from Saint Vment of any member, the Govomor may appoint some other person to act as a temporary member for so long as the incapacity or absence continues. 4. (1) The Board shall meet at such times as may be nt>ct>s sury for tht> transaction of business. (2) The, ehnirmnn shall convene a speeial nlCf'tin~ of the Board within seven days of receipt of a requisition for that purpose addressed to him in writing signed bya'lly two members, of the Board, and on any other occasion when he is directed in writing by the Governor so to do. (3) The chairman shall preside at meetings of the Board. (4) The chairman and two other members shall form a qnorum : Provided that, where any member is disqualified byvirtue of section 5 of this Act from taking part in any deliberation or decision at any meeting of the Board, that fact shall be dis. regarded for the purpose of constituting a quorum for such deliberation or decision, (5) 'I'ho decision of the Board with regard to any question shall be determined by vote of the majority of the memo bers present and voting at a meeting of. the Board, and in the event of equality of votes the chairman shall, in addition to hilt own vote, have a casting vote. (6) Minutes of the proeeedings at f.'Vf.'ry meeting of the Board shall be kept in such manner as the Board shall determine, :lleetings of the Hoard 11I\(1 procedure, Xo. s. 44 Toum and Country Plcwni1/[J 1976. . - ------------------- . . - - - . .. -. and, shall be.couflrmed by, the signature of: tbe chairman at the next subsequent meeting ':ifte"r tTley have been recorded. . (7) ~ubject totJ1i~ foregoing provisions of this sect the noard may regulate its own proceedings, Diselosure of interest, ete, Proteetlon of Board and member... Functions of the Board. l 5. Every.member ,,0.( .the Boazd who is -Ot becomes aware that, in .,ar~r, re.s:p~f;t jvl~cthc~,dir'~ctIy, .or:, in(Fr~<:tIy •.~l~;has .a~l interest 11l any matter before the Board'shall deelare his interest ,thercin at the finst. practicableopportunity before or, as the case may he, during the meeting of the Board .at .which such matter is,..d.is!.:u~sed".:;p).d in. :~m;.S:,~nt,.af~~.r Pf~Ol"nin~so. a',v~re o~ his ipterest, he s~}a~l k~ (hsf!ll?hft.e.g.!r~m, taking' part; in a~.y. <)lSCUS sion eoneerrnng, and from voting III respect of, such matter, ~. 0). JI.1~.,v"a~i~lify,?t~pytl1ingdone under this Act shall not be affected solely by reason of (a) the existence of Ilny,vacanc:r in...the .. membership, or any defect in the CClll'stitu!ion, oftho Board; (b) an omission .or: irregl~l:,trity.i?l r~J:lect.of a.meeting or any. proceedings of the Board under section 4 of this Act; {c) the. eontrnvention by a member of the provisions of SeCtion 5 of this Act. (2t.Np ,ltiYil prpc('tl(lipgsl.~.llall ..l~e .•C?:t: be instituted ngninst any inember of the> Board, and in die event of su~Il.,pr<:>­ ceedings agninst the Board no member thereof shall be held to be "perl;o;nally liable ,in"respect of any act or onilssion occurring in good faith in pursuance, or purported pursuance, of any of theprovisions 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 the Board or Cabinet may from time to time eonsiderneeos .~l).,l'X ,o.r ~q.c~~Nble to a!\s~t the proper planning of the use 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 country arens ; (e) to control !lewlopment by such means as arc provided b~' this Act; (f) .t.iUlo all ,'~Ol(\r:. t.1ii~~~,necessa!J' for carr~in~ out the purposes and prOVISIOns of this Act as may lie author ized. (2) The Boardshall remain at all times responsible fer the 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 to miothcr 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 by to 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 distribution of the poputntion ; (b) the principal physical, euvironmcutal and economic charnctoristies ; (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 examined and reviewed, and shall have rr-eard to current trends and pollciesrclnting' to tile fbregohi'g -,fhfCh 'are or may De relevantto dc,;('lopititint. (2) Fhr'tllt> purposesof the preparation of t11(' National plan mPJifii:>ife'd nl~ pntagraph (brof section 7 (1) of this Act the Board shall eousitlcrthe following matters (a) HI.!' dlstributlon, nnd any forseonble variation of the distribution. of the population , (b) the progress of, and eurrrnt tiioild§ rind policies relatinc to, ecohdfit'ic' and :soHaI 'development; '" (c) prevailing physical und environmental coudltlons j No. S. 46 Town aiul Count"J Pla1l111:lIg 1976. (11) current trends and policies relating to the S'·8te111s of V co.lllmunicat ioll within, and connecting ',-iih, Sa;',lt mcent , (e) the Iorseeable need and availability of land for natun agrteultural and forestry reserves, public open spaces, and other areas which it appears to the Board to be in the national interest to retain or provide; (f) the availability of resources likely to be required for the purpose of carrying hito effect the proposals of the National plan. (3) For the purposes of the preparation of Regional plans the Board shall COli sider, in relation to a particular region, the following matters (a) the 1110St advantageous development and use of land with 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 the Regional plan concerned; (f) the relationship between' those proposals and the cur rent Xational plan and all other Regional plans hitherto prepared. (4) For the purposes of the preparation of Local plans the Board shall consider, in relation to a. particular loeality, the following matters (a) the principal function of the locality concerned and m;y systems of communication therein : (b) the precise location of all proposed roads, buildings and open spacesand of m~y'land to be set aside as a x:eside~l­ rial industrial or ::grlcultural area, and the relationship bet{vcen each of the- foregoing and the others; (c) the foreseenblo ('ff('et of the establishment of locations under paragraph (b) on IHljacent areas outside the locality concerned and in relation to any a~r~ndy exist iug plans of such areas; (d) any other measures which, in the opinion of the Board, Ko.8. 41 TOWIl and Country Planni11[J 1976. (f) (e) are or may be required to ensure the provision of a satisfactory environment in the locality coneerned ; the stages by which thedevelopment of the locality con cerued should be' undertaken; the availability of resources likely to bc required fer the purpose or carrying into effect the proposals of the Local plan concerned. D. The National plan and every Regional and Local plan prepared -under section 8 of this Act shall comprise (a) a written statement eontaining the policies aud pro posals of the Board in relation to the planning of the usc and development of the area with which the plan is concerned; and (b) such maps, diagrams, and other illustrative or descrip tive matter as to the Board may seem appropriate for the purpose of explaining those policies and proposals, and shall be published in the manner prescribed Ly Regutations made nuder this.Act. 10. For the purposes of the subject reports mentioned in paragraph (c) of section 7(1) of this Act the Board shall pre pare and submit to Cabinet written statements containing the policies and proposals of the Board ill relation to the subject with which. the report deals, and may explain those policies and proposals by means of any map, diagram, or other illustrative or descriptive mutter as to the Board may. seem appropriate. 11. (1) Subject to subsection (3) of this section no person shall carry out, or cause to be carried out, any development except under and in accordancc with 1:he conditions of a grant of permission for development issued by the Beard. (2) Every person applying for a grant of permission for development shall submit an application to tlie Board in" the form prescribed. (3) Permission for development is not required in res pect of (a) development which affects only the interior of a build ing or rwhich does not materially alter the external appearance ora building; (b) allY work earried out by or On behalf of a statutory Form of plans prepared by the Board. Subject reports. Permission for developiucut, No.8. 43 fo.um and Country ·Pla1l1ling 1!)/6. . Determination ot nppliratioris tor grant of permission. undertaking in pursuance of its statutory powers or ditties; (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» of agriculture; (f) the erection, alteration, extension or reconstruction of a g-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 of cl,l,l'ryu,lg motor t,r,u.fpc; (ii) docs not exceed six fe,e.t in any o,th.er case, if, after the completion of the :w~rk Jl~t.;e S.~"ry for s~r,h .erec tion, alteration, extension or ,r.t;lco.Jol,~h:1,1<;t.i9.n, .t.IUl gate, fence or wall does not exceed the height specified in .I:elation .thereto in this section when measured from the ground; (g) any development or class of development which the Minister lJ.lay,·· by "Order published in the Gazette, ~p~Cify .as being iexerupted from the' requirement of permission under tliis section. 12. (1).,In d~ali,ng.,v:ith an application ,for the grant of pcrniissionTor dcvelojiinent, the Board' inay either grant or rcfuse' perniission or 'ni~ly"f>Qstpone Jts decision on the applieu tion for the purposes of subsection (4) ofthis section, (2) A decision ,?f the Board under subsection (1) of this section may 'relate, to the whole or to'itiiy distinet part of the development ill respect of .whieh the application is "made, and may be given subject to any reasonable conditions or Iiniitations which the -Board sees fit. toimpose .for .thepurpose, of ensuring that' 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 form and•. unless it is ,s~J;y~d .on .t!le.N?nU~llpt.• within ,~~ ,:p~rio<1 of t:\velve weeks from'the daie o'f 'receip't'of the 'application b~' the Xo. s. 49 Town alld Country l'lanning 1976. Itonrd the applicant shall be at liberty to treat the application Ol'~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 may al't l l 'al, as provided 111 section 1 j of tins Act, at the expense of the 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 decision it shall be to enable the applicant, within such period not exeed in" eieht weeks as shall be specified by the Board, [0 furnish the Ih;:·ll·J'with maps or plans to the satisfaction of the Board show ing' the nature, extent or manner of the development desired, or "rth am' other information in writing which, in the opinion of rho Board, is relevant to the application. (;}) Every grant of permission for development shall 11(' specified to be subject to the condition that the development to which it relntos is to be completed in accordance with the prnut within the period of two years immediately following the date of the grant unless a different period is specified by the Board in the grant: Provided that the Board may, at nny time before the expiry of any such period, grant an extension of the period to a date to be specified if satisfied by the applicant that the extension is reasonably necessary to enable the development to be completed. (6) A grant of permission in respect of any develop mont which has not been completed or substantially completed in necordnuce with the grant within the period specified under sub..eetion (3) of this section shall, upon the expiry of that period .be deemed to have been revoked. J3. (1) In lien of or in addition to proeeedinss for an offenec rmnishable under section 18 of this Act, and whether or not such proceedings haw been instituted, where any develop ment appcnrs to the Board to have heen carried out in contra vention of any 01' the provisions of this Act the Board may serve an enforcement notice in the form prescribed upon the owner or tho occupier of any land or building in relation to which such development nppcars to have been carried out and upon anv oth('r person who, in the opinion of the Board, may be affected by the order. (2) Every enforcement order shall specify the matters which it is alleged constitute a contravention of the provisions Enforcement orders. ):0. S. 50 Town aiul Coltllfl'y Plannillg 1976. of this Act and the steps which the Board requires to be taken to ensure compliance therewith, and shall further specify a date by or before which all such seeps are required to be taken, (3) A.llj- person upon whom an enforcement order has been served who, without reasonable excuse, fails or neglects to eomply with any requirement thereof shall be guilty of an offence and liab'e to a fine not exceeding five hundred dollars and to a further 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 or any building is so derelict, neglected or wasted as to constitute a substantial detraction from, or from the enjoyment of, any amenity, the Board may serve a waste order in the form pres cribed upon the owner or the occupier of the land or building and 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 which it is alleged constitute a substantial detraction Irom, 01' from elle enjoyment of, any amenity and the steps which the Board ro quires to be taken to restore the land or building to a fit eon dition, and shall further specify a date by or befo;-e which u11 such steps are required to be taken. (3) A.ny person upon whom a waste order has been served who, without reasonable excuse, fails or neglects to C0111 ply with any requirement thereof shall be guilty or a'l offence and liable to a fine not exceeding five hundred dollars and to a further fine of fifty dollars in respect of each day or part of a day 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 Board may serve a tree preservation order in the form prescribed upon the 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 in relation to (a) ti~c destruction. ()f any trees which are (lead, (~ying' or diseased, or which by reason thereof have fallen or arc Xo.8. 51 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 the time being in force; or (d) the destrtwtion of any trees, forest or woodland to such extent as d:c Board may in the order specifically authorize, 11<1t subject to the foregoing such order may impose any pro hihitiou, restriction or requirement for any of the purposes specified in subsection (1) of this section. (3) Au)' person upon whom a tree preservation order lins bc;;,n served who, without' reasonable excuse, fails or neglects to> comply with any prohibition, restriction or requirement thereof shall be guilty of an oll'euce and liable to it fine not «xcceding five hundred dollars and to a further fine of fifty dollars in respect or each day or part of a dHY during which the ottcnce 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 any or.k-r made under sections 13, 1-1 or 15 of this Act the Board nuiy, by not iec in writing' served upon the person to whom such 1l~'1 mission was granted or, as tIIC case may be, upon the owner or occupier and any other person upon whom such order was served, revoke, vary or modify the grant or, as the case may be, the order, with effect frotn a date 1I0t earlier than fourteen days dt~'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 act r-e(:'H'ding1y, bnt such ~'ra'ilt 01' refusal is not a d~dsion for the purposes of section 17 (1) of this ,Ad. (2) AllY persou ",110, without reasonable excuse, fails to heed the revocation or to comply with the variation or modifl cation of It [!rl\II t of permission for development, or fails to com ply with the vnrintlon or modification of any order, lIl':lPP subsection (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 Board to revoke, ,oary or mod:fy grants :lUU orders. No.8. 52 Town alld Countrs) rlallnin!J 1976. Appeals. ther fine of fifty dollars in respect of each day or part of a day during 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-ll cation for permission for development a decision has not beeu given within twelve weeks from tile date of receipt of such appli cation by the Board, and any person aggrieved by an order made by the Board under section 13, H or 13, or by a decision of the Board under section 16, of this Act, may appeal to an Appeals Tribunal under this section by serving on the Board and deliver ing to the Registrar of the High Court notice in writing in the form prescribed of his intention so to appeal. (2) Within fourteen days of the date of service on the Board of the notice referred to in subsection (1) of this section, the appellant shall prepare and deliver to the Registrar of the High Court and shall serve on the Board a notice of appeal in the form prescribed, and the Board, if it proposes to contest the appeal, shall prepare and deliver to the Registrar, and shall serve Oil the appellant, within fourteen days of the date of service of the notice of appeal, a counter-notice in the form prescribed. (3) There shall be appointed by the Governor, for the hearing as occasion requires of appenls under this section, an Appeals Tribunal consisting of not less than three members of whom at least OUe shall be qualified or experienced in some aspect of town and country planning, one shall be a barrister or solicitor entitled to practice in Saint Vincent, and one shall be a magistrate. (4) Upon receipt of the notice and counter-notice under subsection (2) of this section the Registrar of the High Court shall, if no Appeals Trbunal is sitting, request the Governor to appoint an Appeals Tribunal for the hearing of the appeal and the appointment shall be notified in the Gazette. (;j) After receipt of the notice and counter-not ice under subsection (Z) of this s·,~tinn and the apr-ointment, if any of 1111 Appeals Tribunal, the Registrar of the High Court shall fix a date for the hcnrinu of the appeal after consultation with the members of the Tribunal and the parties to the appeal with a 'View to achieving, so far as is reasonably practicab'e, a eon venient date. and shall serve upon the appellant ani! the n'm1"fl n notice of the date so fixed, for the hearing, and shall notify tho members of the Tribunal accordingly. Xo.8. 53 Toum and CUlm!ry Plal/ning ur;o. (6) .. Appeals Tribunal shall appoint one of it" mem bers to act as chairman of the 'I'ribunul, shall hear such evidence is tendered by the parties, and subject thereto may regulate IlS own procedure, for the purposes of the hearing. (i) The chairman may at any time consult the parties W'; to how Lest to proceed with a view co achieving a fair and expeditious heui-ing, but it shall be the duty of the chairman to ensure at all times the orderly conduct of proceedings and his (b:ixion t hereon shall be final and binding upon all persons concerned in the appeal. (8) The chairman shall maintain, or cause to be main taincd, a written note or record of the proceedings and shall ensure that at the conclusion of the ht'ilrin~ the recommendations of the Appeals Tribunal are, together with the reasons therefor, stated in writing and submitted 10 the Minister without undue delay, (9) An Appeals Tribunal mev recommend that ths appeal, whether in whole or in part, be allowed or dismissed and may recommend the Imposition of any reaaonab'e condition or limitation for that purpose. (10) The l\Iinister shall consider the notice of appeal, tile ccuntcr-uotice, th~ written 'note or record of tile proceodlngs and the recommendations of the Appeals Tribunal and shall, as soon ns reasonably practicable, give his decision thereon which shall be final and binding upon the parties to the appeal. (11) The der-ision of the Minister on an appeal shall be in wrlting, served on the parties to the appeal, and shall. together with a summary of the issues and the evidence, be published in the Gazette. (J2) The members of an Appeals Tribunal 1':11<111 be paid such 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 obtained permission as required by this Act, carries out or causes to he ei'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 and liable to a fine not exceeding one thousand dollars, (2) A~lY person who, having been granted permission for development, without reasonable excuse, fails to comply or neglects 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, or who curries out or causes to be carried out any development after such permission if; deemed under subsection (6) of that scctic: ~ to have been revoked, shall ue guilty of an offence and !i,:b1e to u i1nc Hot exceeding five hundrc.l dollars and to a further fine of fifty dollurs in respect of each day or part of a duy curing which tl.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 COIll piiaucc with, th~ decision, 0:' with any cunditinn or li .••ita tion contained in the decision, of the Minister on such appeal, bei';~g a decision with which he has a duty to comply, shall be guilty of an offence anrl liable 1:0 a fine not exceeding five huudrrd dollars and to a further 11lle of fifty dollars in respect of eac-h day or pnrt of a day during which the offence is proved to have continued. (4) "'"her(' any body corporate is guilty of an ol1t':1('c under this Act, and the offence is proved to l.ave been comuiitterl with the consent or connivance of any director, manager, sccre tary or other officer of the borly corporate, he a'3 well 81:a] bc liable to be prosecuted and punished accordingly fer such offence. Power to enter 19. (1) Any person duly authorized in writing by the building or secretary to the Board may at all reasonable times enter any land. building or UPO'il any land (a) to ascertain whether the provisions of this Act arc being or have been complied with; (b) to inspect any such building or land; (c) to obtain any information which he has reasonable grounds to bclievo mny assist the Board to determine whether or not an o'1'ell<:(' under this Aet is heill[!. or Ii",; heon committed and to ide.ltify till' person rcspcnsil.lc for the commission of any such offencs ; (d) to require any person whom the Board has reasonable ground for suspecting to have committed or to be com witting an offence under this Act to answer any quos tion or to produce any document which may be relevant to ostablish the commission of any such oflvnee. (2) Anyone who wilfully obstructs or hinders a person duly 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 know ii: 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 pro tl;"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, any o::c upon whom :m order under section 1:3, LI: or 13 of this l\.Ct 11:1S ],.'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 Board 1lI:1~' in writing authorize any perSOI1 to enter the lend or building i:I {iur<;tio·.l und to <}:; or cause to 1;2 c!t)l1r all things nceessary 1~) ,'n-;ur2 compliance 'Villi such r;(::.:~rrlncEt, a~H.1 the cxpons.n ill/'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 of t1: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'\"" 1 on the Board shall, on delivery lit the office or secretary to the Board, be marked or stumped so ns to show clearly the (~ate upon which it was delivered. (3) Service upon any person other than the Board fie all doeuemnts under (his Act required to be scrvc.l shall bE' cxc outed and effective if (a) delivered personally ; or (11) :ddressE'<1 to the person and left :11. his usual or lust known place of abode 01' nt nnv nddrcss for ser-vice noti fied l'y him 01' on his behalf; or (c) sent by r:'g;::;tcr~'d {lest, addressed to tho person, to his usual 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 sent by rrgisterccl post .nth1rC's3cd to the secretary of the company at the registered office of the company or its principal 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 effective unless service hv other means under this subsection has Inilcd or is ImO l to be likely to fail. 21. Minutes of any meeting of the Board which purport to have been kept and confirmed in necordanee with suhseetion (G) of section 4 of this Act shall be receivable as prima facle evidence in all legal proceedings without further proof of the keeping or contents thereof. 22. The Governor may make Regulations l!enerally for the proper carrying out of the provisions and purposes of this Ac·t, and in particular but without prejudice to the generality of the foregoing mny make Regulations - • (a) providing for the manner of preparation by the Board of subject reports; (b) specifying conditions under which development or any class of development may be exempted from the roqulrement of permission under section 11 (3) tg) of this Aet , (c) prescribing the form or any applieation, decision, notice or other document uuthorizcd or required by this Act to be prcscribed , (d) prescribing the fOI'111 of enforcement, waste and tree preservation orders, and providing ill relation to such orders for (i) the procedure to be followed with regard to the submission 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 of appeals; (f) prescribing the form and contents of the note or record of proceedings to be maintained, and tho rccnnuucnd, :l tions to be made, under section ] 7(8) of this Art, and subject to section 12 (3) of this Act providing for the costs 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 of 1968. plan, and of Regional and Local plans, for the informa tion of the general public. 23. (1) Subject to the provisions of this section, the I..and Repeal and Development Control Act, 1968, is hereby repealed. transitional (2) The Board is hereby charged with responsibility for the due completion of any matters, outstanding at the date of commencement of this Act, under the Land Development Control Act, 1968. (3) Upon the commencement of this Act (a) all property and any other assets belonging to the Development Control Authority ; and (b) all rights, duties, privileges, powers and advantages of the Development Control Authority, anll all liabilities and obligations to which it was subject, existing at the commencement, are hereby trans ferred to the Board. (4) References, in any deed, contract, security or other document of a private nature, to the Development Control Authority shall, upon the commencement of this Act, be con strued as references to the Board as occasion requires. (5) Any legal proceedings by or against the Develop ment Control Authority pending immediately before the com mencement may be continued on and, after the commencement by or against the Board, as the case may be. (6) Any limitation of time in respect of proceedings by or against the Development Control Authority, whether pend ing or anticipated, arising out of any cause of action accrued before the commencement of this Act shall not be affected by the provisions of this section. (7) In this section the Development Control Authority means the Development Control Authoritv established unds r section 3 of the Land Development Control Act, 1968.