Physical Planning Act, 2003 (No. 6 of 2003)

SECTION PARTI I. 2. 3. PART ll 4. 5. 6. 7. 8. PARf ID 9. IO. 11. 12. 13. 14. 15. 16. PART IV 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. AN11GUA AND BARBUDA PHYSICAL PLANNING ACT, 2003 N0.60F 2003 ARRANGEMENT OF SECTIONS PRELIMINARY Short title Interpretation Objects and purposes ADMINISTRATION Duties of Minister Development Control Authority Town and Country Planner, Secretary, officers and employees of the Authority Exercise of functions of Town and Country Plan ner Limitation of personal liability DEVELOPMENT PLANS Proposal for development plan Scope and preparation of de,·elopment plan Consideration of draft development plan Approval of development plan Rejection of development plan Deposit of approved plan Modification or revocation of a plan Legal status of development plans CONTROL OF DEVELOPMENT OF LAND Permission required to develop land Development Orders Applications for development permission Requirement for further information Notification to landowner Publicity for applications Environmental impact assessment Consultation on applications Material considerations Determination of applications Conditional of development permits Development agreements Performance bonds SECTION 30. 31. 32. 33. PARTV 34. 35. 36. 37. 38. 39. 40. 41. 42. PART VI 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. PART VIl 58. 59. 60. 61. 62. 63. Lapse of development pennits Supplementary provisions as to development pennits Minor variation of development pennits Modification or revocation of development per mit ENFORCEMENT Enforcement notice Material considerations With respect to enforce ment notices Notice to apply for development permit Suspension of effect of enforcement notice Stop notice Action by Authority for non-compliance with en forcement notice Appeal against enforcement notice Continuing operation of enforcement notice Notice requiring discontinuance of use or alter ation or removal of building or works ENVIRONMENTAL PROTECTION Compilation oflist ofbuildings Building preservation orders Purchase notice with respect to buildings Plant preservation orders Amenity orders Appeal against amenity orders Public access to land for recreational purposes Public access and right of way to beaches Control of advertisements Supplementary provisions as to advertisements Environmental protection area Environmental protection area order Provisions with respect to land in environmental protection areas Environmental protection area, management plan Ministerial order to protect the environment BUILDING REGULATIONS Building regulations Appointment of Building Inspectors Passing and rejection of plans Power to require removal or alteration of work Appeal against notices under section 63 Commencement and completion notices SECTION PART VIll 64. 65. 66. ol. PART IX 68. ff) 70. 71. 72. 73. PART X 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. COMPENSATION AND ACQUJSITION Claim for compensation Position where land's subject to mortgage Registration of claim for compensation Purchase notice with respect to adverse decisions APPEALS Establishment of Appeals Tribun,u Right of Appeal Appeals by written representations Procedure at public 'inquiries Record of public inquiries Decision and notification of appeal MISCEILANEOUS & SUPPLEMENTARY Powers of entry Service of notices Power to require information Register of planning and associated decisions Notification of decisions to Registrar of Land Death of person having claim or right Offences Regulations Effect on the Crown Repeals FIRST SCHEDULE Constitution, procedures and finances of the De velopment Control Authority. SECOND SCHEDULE Matters for which provision may be made in de velopment plans. 11IIRD SCHEDULE Matters for which environmental impact assess ment will be required. [LS.] I Assent, James B. Carlisle, Governor-Genera/. 24th March, 2003 ANTIGUA AND BARBUDA No.6of2003 AN ACT to make provision for the orderly and progressive de velopment ofland and to preserve and improve the amenities thereof; for the grant of permission to develop land and for other powers of control over the use of the land; for the regulation of the construction of buildings and other related matters; to confer additional powers in respect of the acqui sition and development of land for planning; and for pur poses connected with the matters aforesaid. [ 2nd October, 2003 ] ENACTED by the Parliament of Antigua and Barbuda as follows PRELIMINARY 1. (I) This Act may be cited as the Physical Planning Act, Short title. 2003. (2) This Act or parts thereof shall come into operation on such date or dates as may be prescribed by the Minister by notice published in the Gazette. Interpretation. 2. (I) In this Act, unless the context otherwise requires "advertisement" means any word, letter, model, sign, plac ard, board, notice, awning, blind, balloon, device or repre sentation, whether illuminated or not, in the nature of and employed wholly or partly for the purpose of advertise ment, announcement or direction, or calling attention to any person, matter, object or event ( excluding any such thing employed wholly as a memorial), and without preju dice to the foregoing provision, includes any hoarding, billboard, wall, fence, or similar structure used, adapted, designed or intended for use for display of advertisements and reference to the display of advertisements shall be construed accordingly; "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping oflive stock, (including any creature kept for the production of food, wool, skins or fur or for the purpose of its use in farming the land), the use ofland as grazing land, market gardens and nursery grounds, but does not include the use ofland for aquaculture; "amenity order" means an order made under section 47; "aquaculture" includes the breeding, rearing or keeping of fish, shellfish, or any other aquatic and marine flora and fauna, which involves the placing or assembly of any pen, cage, tank, pond or any other structure on or over any land for the purposes of aquaculture or mariculture; "Authority" means the Development Control Authority established under the provisions of section 5; "beach material" includes sand, shells, coral fragments, stones, gravel, boulders or other unconsolidated material, comprising a beach; "builder" means a person engaged as a contractor or oth erwise in the erection, construction, alteration, improve ment maintenance or repair of buildings or works inciden tal to any of the foregoing, "building" includes any permanent or temporary erection or structure in, on, over or under any land, whether affixed to the land or not, and any part of a building so defined (but does not include plant or machinery comprised in a building); "building operations" includes rebuilding operat10ns, structural alterations of or additions to buildings and other operations normally undertaken by a person carrying on business as a builder; "building or works" includes waste materials, refuse and other matters deposited on land, and references to the construction of building or works shall be construed ac cordingly; "building regulations" means regulations made under sec tion 58; "clearing", in relation to land, means the demolition of buildings or parts thereof, the removal of materials from land, the levelling or grading of the surface of the land, the removal of vegetation or top soil and the carrying out of such other operations in relation thereto as may be pre scribed; "Crown land" includes the waste or vacant land of the Crown within Antigua and Barbuda and all lands vested in the Crown, whether by forfeiture, escheat, purchase or exchange, and not dedicated to the public; "completion certificate" means a certificate that building or engineering operations or the subdivision oflands have been carried out and completed in accordance with the terms and conditions of any development permit or build ing permit granted for the development; "developer" means a person, who commences or carries out the development of land, or on whose behalf such development is commenced or carried out; "development permit" means a notice granting permis sion for development issued under the provisions of Part IV ' "development plan" means any development plan pre pared under Part III and includes any modification or amendment thereof, and "plan" means, a development plan where the context so admits; "discontinuance notice" means a notice issued under sec tion 44; "dwelling house" means any building used or constructed or adapted to be used as a dwelling unit, but does not include a building containing one or more dwelling units, flats, apartments, condominiums or townhouses, or any flat, apartment, condominiums or townhouse contained in such a building; "dwelling unit" means a building, or any self-contained part of a building, used or constructed or adapted to be used for human habitation by a single individual or house hold; "engineering operations" indude the laying out, building and maintenance of roads, drains, runways and bridges, the preparation of land for carrying out of any develop ment the clearing of land, the dredging of watercourses or channels, the filling of any cavity or excavation and the reclamation ofland; "enforcement notice" means a notice issued under sec tion 34; "environment" means all or any of ( a) the media ofland, water, and air, including all layers of the atmosphere; (b) organic and inorganic matter and living or ganisms; (c) the interacting systems that include compo nents referred to in paragraphs (a} and (h), within the territorial jurisdiction and control of the country; "environmental impact assessment" means the process of collection, analysis, evaluation and review of information on the likely effects of a proposed development on the environment and the means to overcome adverse effects which enables the Authority to determine whether devel opment permission should be granted and with what con ditions, the procedure for which is prescribed in regula tions made under this Act; "environmental impact statement" means the document or series of documents which contain the information on the likely effects of the proposed development on the en vironment and the means to overcome adverse effects required by section 23; "environmental protection area" means any area declared to be an environmental protection area under section 54; "foreshore" means }and which hes between the mean low water mark and the mean high water mark of the tides; "industrial development" means the development ofland for the manufacture or partial manufacture of goods, ar ticles or substances of any kind, or the assembly of manu factured goods or the turning into manufactured goods of articles which are partially manufactured or of substances in their natural state , or the repairing, finishing, cleaning, washing, packing or canning, adapting for sale or break~ ing up of any article; "land" includes incorporeal as well as corporeal heredita ments. of every tenure and description and any interest therein, land covered with water, the foreshore and the sea bed; "lawful use" does not include use of any land whlch \vas commenced in contravention of the provisions of this Act or of town and country planning, land development and control, beach control or building legislation hitherto in force in Antigua and Barbuda; "layout plan" means a detailed plan showing the manner in which a parcel of land is to be subdivided and used; "means of access" includes any road or other means of access for vehicles or for pedestrians, whether private or public; Cap. 374, "mineral" means any substance in liquid, solid or gaseous form occurring naturally on, in or under land and formed by or subject to a geological process, but does not in clude water; "mining operations" means ( a) to carry out in relation to any mineral or beach material, any activity with a view to excavat ing, working, extracting, carrying away, treat ing or converting that mineral; (b) to search or explore for any mineral with a view to carrying out any activity mentioned in paragraph (a) of this defmition and to carry out any work necessary for such search or exploration; ( c) the deposit of waste or refuse materials in con sequence of or incidental to any activity men tioned in paraguph (a) or (b) of this defini tion; "Minister" means the Minister to whom the responsibility for physical planning and related matters has been as signed; "mortgage" includes any charge or lien on any property for securing money or money's worth; "owner" in relation to any land means any person who is for the time being the registered proprietor or the lessee of the parcel ofland under the Registered Land Act; "parcel of land" means an area of land separately delin eated under the Registered Land Act; "permitted development" means development which is au thorized under subsection (2) of section 18; "plant" includes any terrestrial or marine flora; "plant preservation order" means a plant preservation or der made under section 48; "prescribed" except in relation to matters expressly re quired or authorized by this Act to be prescribed in some other way, means prescribed by regulations made under this Act; "purchase notice" means a purchase notice with respect to adverse decisions namely ( a) refusal of a development permit in circum stances where no development permission is available with respect to that land; or (b) a revocation or modification notice; or (c) a discontinuance notice; or (d) a building preservation order; or (e) an environmental protection area order; "regulations" means regulations made under any provi sion of this Act; "resources" means any social, cultural, historical, techno logical, biological, physical or chemical elements and pro cesses, renewable or non-renewable, tangible or intan gible, of economic or aesthetic importance which com~ pose the surroundings of mankind; "road" means any roadway whether public or private and includes any highway, street, square, court alley, lane, bridge, culvert footpath, trace, passage or right of way, whether a thoroughfare or not; "sea bed" means the floor and subsoil underlying the sea betvveen low water mark and so far out to sea as is deemed by international law to be within the territorial sovereignty of Antigua and Barbuda; "sub-division" means the division of a parcel ofland into two or more parcels1 whether such division is by transfer, lease, vesting order or any other instrument, for the pur pose of sale, gift, succession, partition, reparcelation, mort gage, letting, the registration of title by adverse posses sion or for any other purpose; ANTIGUA 8 AND BARBUDA The Physical Planning Act, 2003. No. 6 of 2003. "Town and Country Planner" means the person appointed as such under section 6; "Tribunal" means the Appeals Tribunal established by section 68; "unauthorized development" means any development (other than pennitted development) for which a develop ment permit has not been granted, or development which is not in accordance with the conditions or limitations subject to which a development pennit was granted; "use" in relation to land, does not include the use of land by the carrying out of any building or other operations thereon; ••waste material" includes garbage, refuse, spoil, mineral tailings, sludge, effiuent and anything of whatever kind which has the appearance of being material abandoned, discarded or intended to be abandoned or discarded by the owner or former owner thereof, or the only value of which appears to be as scrap or for the utilization of parts thereof or the extraction of the residue of the substance of which it formerly formed part. (2) In Part IV of this Act, the expression "development of land" means the carrying out ofbuilding, engineering, mining or other operations in, on, over or under any land, the making of any material change in the use of any building or land or the sub-division ofland, provided that the following shall be deemed to constitute development ( a) work for the maintenance or other alteration of any building, if the work affects only the interior thereof and does not materially affect the external appear ance of the building; (b) work carried out by the Government for the mainte nance or improvement of a road; (c) work carried out with the approval of the Govern ment or by any statutory agency for the purpose of inspecting, repairin~ or renewing any sewers, water mains, electric mams;'cables or other apparatus, in eluding the excavation of any road land for the pur pose; ( d) the use of any building or other land within the cur tilage of a dwelling house for purposes incidental to the enjoyment of that dwelling house as such; ( e) the use of land for the purposes of agriculture or forestry, but not including any building or engineer ing activity thereon; (j) the erection of gates, fences, walls or other means of enclosure, not being adjacent to a road or the sea, not exceeding six feet three inches in height and not con structed of asbestos, plastic, fibre glass or sheet metal; ( g) the enlargement, improvement or other alteration of a dwelling house, provide that (i) the square footage of the enlargement does not exceed one knth of the square footage ground floor of the house at the date of the development or of the house at the commencement of this Act~ whichever is the larger; (ii) the enlargement is single story; (iii) the enlargement is an integral part of the existing house; (iv) the enlargement complies with the re quirements of any planning and build ing regulations for the time being in force; and (v) written notice of intention to carry out such work is given to the Development Control Authority; ( 3) The use for the display of an advertisement of any land or of the external part of a building, which is not ordinarily used for that purpose, shall be deemed to involve a material change in the use of that land or part of the building. Obects and purposes. ( 4) For the avoidance of doubt it is hereby declared that (a) the use as two or more separate dwelling units, of any building previously used as one dwelling house involves a material change in the use of that build ing and of each part thereof so used; (b) the deposit of any waste material on land involves a material change in the use of the land, notwithstand ing that the deposit is on a site which has been previously so used, if either the superficial area thereof or the height of the deposit is thereby ex tended or exceeds the level of any similar deposit on adjacent land; (c) sub-division constitutes development whether or not the use for which the sub-divided land is in tended constitutes development. 3. The objects and purposes of this Act are to ( a) facilitate a continuous improvement in the quality of life of every person in Antigua and Barbuda; (b) provide for the orderly, efficient and equitable allo cation and development of the resources of Antigua arid Barbuda, taking account of all relevant social economic and environmental factors, so as to en sure that sustainable use is made of land in the in terests of all the people of Antigua and Barbuda; (c) maintain and improve the quality of the physical environment within which human settlements are situated in Antigua and Barbuda; ( d) provide for the orderly sub-division ofland and the provision of services in relation thereto; (e) secure the health, safety, welfare and convenience of persons 'in or about buildings and of others who may be affected by buildings or matters connected with buildings; (f) protect and conserve the cultural heritage of Antigua and Barbuda as it fmds expression in the natural and the built environment; (g) to foster awareness that all persons and organisations owning, occupying and deve1oping land have a duty to use that land with due regard for the wider interests, both present and future, of soci ety. (2) In implementing, applying and interpreting this Act, all persons shall have regard to, use their best efforts to further and give a broad and purposive interpretation to the matters set out in subsection ( 1 ). PART II ADMINISTRATION 4. (I) The Minister is responsible for securing the objects and purposes set out in section 3 and in the exercise of the powers conferred on him may do all things necessary for the purpose of carrying out his or her responsibiL jes under this Act. (2) In addition to the several duties imposed on him by this Act, the Minister is responsible for the framing and implementa tion of comprehensive policies with respect to the use and de velopment of all land in Antigua and Barbuda in accordance with a development plan prepared in accordance with the provi sions of Part III and shall in the framing and implementation of such policies have regard to the need to secure consistency. (3) In exercising his or her functions, the Minister shall be guided by the principle that the provisions of this Act shall be applied uniformly, fairly and equally to all persons. (4) Nothing in this section shall be construed as imposing upon the Minister either directly or indirectly any form of duty or liability enforceable in proceedings before any Court. 5. (I) There is hereby established a body corporate, to be known as the Development Control Authority, to carry out such functions as are by this Act conferred upon it. (2) The constitution, procedures and finances of the Author ity shall be in accordance with the First Schedule. (3) The Authority shall Duties of the Minister Development Control Authority First Schedule. Town and Coun~ try Planner, Sec retary, Officers and employees of the Authority. ( a) advance the purposes of this Act as set out in sec tion 3; (b) regulate development by the means provided by this Act, having regard to the need to secure con sistency and conformity with the development plar,, if any; (c) regulate the design and construction of buildmgs and the provision of services, fittings, and equip ment in or in connection with buildings; ( d) do all other things necessary for carrying out the purposes and provisions of this Act as may be au thorized by this Act. ( 4) The Authority shall remain at all times responsible for the proper performance of its functions under this section, but sub ject to subsection ( 1) may, for the purpose of such performance, consult with or obtain advice from other authorities, persons or bodies of persons as it thinks fit. (5) Without restricting the generality of subsection (4), the Authority may delegate any of its duties to the Town and Coun try Planner. (6) The Authority shall be responsible for the implementa tion of the policies framed by the Minister under and the Au thority shall act in accordance with directions ofa general char acter which may be given by the Minister as to the policy to be followed in the exercise of its functions. 6. ( 1) The Authority may employ at such remuneration and on such terms and conditions as it thinks fit (including the pay ment of pensions, gratuities or other like benefits by reference to the service of its officers and employees) a Town and Coun try Planner, a Secretary and such other officers and employees as the Authority considers necessary for the purposes of carry ing out the functions of the Authority: Provided that no appointment shall be made to the office of Town and Country Planner without the prior approval of the Minister. (2) The Town and Country Planner shall be the Chief Execu tive Officer of the Authority and shall exercise the powers and perform the duties specified in subsections (3), (4), (5) and (6). (3) The Town and Country Planner shall be responsible to the Authority for the administration and operation of the sys tem of planning for which this Act provides. (4) Without restricting the generality of subsection (3), the Town and Country Planner shall~ (a) institute, complete, maintain and keep under review a study of the matters pertinent to planning the use and development of land in Antigua and Barbuda; (b) prepare or cause to be prepared development plans in accordance with Part III of this Act; /c) prepare and submit to the Authority and the Minis ter subject reports on matters which the Authority or the Minister may from time to time consider nec essary; and ( d) do all other things necessary for carrying out the purposes and provisions of this Act as are autho rized by this Act. (5) The Town and Country Planner shall sign and issue all development permits, refusals of development permission, en forcement notices and other documents authorized by the Au thority to be issued under the provisions of this Act. (6) The Town and Country Planner has the powers conferred upon him by this Act and the duties that he is required by this Act or by the direction of the Minister or the Authority to petforrn. 7, (1) Functions assigned to the Town and Country Planner by or under this Act, other than those mentioned in sllbsection (5) of section 6, may be exercised by any planning officer autho rized by the Town and Country Planner in writing, either gener ally or specially, in that behalf. {2) Any person exercising a function assigned to a planning officer under this Act shall be deemed, for the purpose of the exercise of that function, to be the proper officer for the: exercise Exercise of functions of Town and Country Pl.inner Limitation of Personal Liability. Proposal for Development Plan. of that function, if authorized in writing by the Town and Coun try Planner or the Authority. 8. The Minister, members of the Authority, the Town and Country Planner or other public officer shall not be personally liable in any court for or in respect of any act or matter done, or omitted to be done, in good faith, in the exercise or purported exercise of any function conferred by this Act. PART m DEVEWPMENT PLANS 9. (I) The Town and Country Planner may, and if so required by the Authority or the Minister shall, submit to the Minister proposals for the preparation of a development plan. (2) A proposal for the preparation of a development plan shall include (a) a reasoned statement of the need for the plan; (b) the main headings of the proposed contents of the plan; ( c) a suggested timetable for the preparation of the plan; ( d) proposals for obtaining representations from per sons likely to be affected by or likely to wish to submit representations and views on the proposed plan during the course of its preparation; ( e) proposals for the review of the plan by sectoral agen cies and private sector representatives; and (j) such other matters as are required by the Minister or are considered by the Town and Country Planner to be necessary for a decision to be made on the proposal. (3) Where the Minister rejects a proposal submitted under this section, he or she may require the Town and Country Plan ner to submit a fresh or modified proposal for the same plan or a new proposal for a different plan. l O. (I) The Town and Country Planner may prepare or cause to be prepared and thereafter keep under review a development plan for Antigua and Barbuda as a whole or for any specified part of Antigua and Barbuda; Provided that no development plan shall be prepared by the Town and Country Planner for an area designated under the St. John's Development Corporation Act, except for and on behalf of the St. John's Development Corporation, under and in accordance with the St. John's Development Corporation Act. (2) A development plan shall set out with such degree of particularity as may be appropriate to the different parts of Antigua and Barbuda and to the nature of the development plan ( a) a statement of the principal aims and objectives with respect to the development and other use ofland in the area; (b) a report on the existing conditions of the area, in cluding (i) the principal physical, social, economic and environmental characteristics of the area in cluding the principal purposes for which land is used; (ii) the size, composition and distribution of popu lation of the area; (ili) the communications, transport systems and traffic in the area; (iv) the public services and the physical and so cial infrastructure provided in the area; (v) any other matters which may affect the devel opment and other use of land in the area or which the Minister may direct; (c) a statement of the policies, proposals, and programmes for the future development and use of land in the area including principles for regulating Scope and preparation of development plans. the use and development of land and measures for the maintenance and improvement of the environ ment; ( d) a reasoned justification of the policies and propos als for the future development and use ofland in the area having regard to (i) the report of the existing conditions of the area under paragraph (b} of subsection (2); (ii) an examination of the likely environmental ef fects of the proposals; (iii) any specific policies of the Govennnent which may affect the pattern of development in the area; (iv) the relationship between the proposals in the plan and other previously approved develop ment plans which may affect the area; (v) the financial and other resources which are likely to be available for carrying out the pro posals of the plan; and (e) a schedule setting out the stages by which the pro posals of the plan may be implemented. (3) The development plan shall include such maps, plans, drawings, diagrams and other graphic representations as the Town and Country Planner considers necessary to illustrate and explain the plan. ( 4) A development plan may ( a) define the sites of proposed roads, public and other buildings and works, or the allocation of land for agricultural, residential, industrial or other purposes of any class, and the conditions under which such development should be carried out: (b) designate any area as being an area which, for rea sons of flooding, erosion, subsidence, instability, aircraft safety, or other hazards, conservation or other environmental considerations, should not be devel oped; (c) make proposals for the preservation of buildings, sites and other features for architectural, cultural or historical reasons; (d) provide for any of the matters set out in the Second Second Schedule. Schedule as the Town and Country Planner consid ers appropriate to the nature and scope of the pro posed plan; (e) designate as a comprehensive planning area any area which in the opinion of the Town and Country Planner needs to be planned as a whole for one or more of the purposes of development, redevelop ment, improvement or conservation. (5) As soon as practicable after the designati m of land as a comprehensive planning area, the Town anL Country Planner shall prepare a detailed plan for the relevant area showing the manner in which it is to be developed. (6) A development plan shall not designate any land as a comprehensive planning area if it appears to the Town and Coun try Planner that the acquisition is not likely to take place within seven years from the date on which the plan is approved. (7) Where any land is designated by a development plan as a comprehensive planning area, then if at the expiration of sev~n years from the date on which the plan, or the amendment of the plan, by virtue of which the land was first so designated came into operation, any of that land has not been acquired by the Crown, any owner of an interest in the land may serve on the Attorney General a notice requiring the interest of the owner in the land to be acquired and if, within six months after the service of that notice the interest of the owner in the land has not been so acquired, the development plan shall have effect, after the expiration of the six months, as if the land in which the said interest subsists was not subject to compulsory purchase. 11. ( 1) In any case where a draft development plan is wholly or in part for the development of land in an area within the jurisdiction of the Barbuda Council, the Town and Country Plan Consideration of draft develop ment plan. ANTIGUA 18 AND BARBUDA The Physical Planning Act, 2003. No. 6 of 2003. ner shall, before completing the draft development plan, consult with the Barbuda Council, and shall, before submitting the draft development plan to the Minister for approval, furnish a copy of the draft development plan to the Barbuda Council, for their cousidcration and representations. (2/ When the Town and Country Planner has prepared a draft dcvelopmem plan he shali send a copy to the Minister and to members of the Houst of Representatives and shall deposit a copy at the offices of the Development Control Authority and at such other place or places as the Town and Country Planner cmvo;i.<lt~·s to be most ~ffoctive for bringing it to the notice of persons residing, working owning property in the area to which the draft dt\'dopmcnt plan proposals relates, or tho:-e who ate likdy to be. affected by the proposals in the ,Jraft development pL.1.n: Provided always that "':here t)1e draft df'velopmcnt plan is wholl) or in part for the development of land in Barbuda a copy of the dnelopmenl plan shall deposited at the offices of the Barbuda Council. {3) The Town and Country Planner shall give notice in the G:i:xtte of the depositing of a draft de\·elopmcnt plan, and of the places wlicre it may be examined, and shall give such other publicity to and written or oral explanation of the draft develop ment plan as, in the Town and Country Planner's opinion, is best calculated to inform all persons affected or likely to be affected by the proposals in the draft development plan, and all persons of the right to nuke representations with regard to the proposals in the draft development plan. ( 4) Prior to submission of the development plan to the Minis ter, the Town and Country Planner shall hold one or more public meetings on the draft development plan or on any part thereof at such times and places as the Minister may .direct Provided always that where the draft development plan is wholly or in part for the development of land in Barbuda one or more public meetings on the development plan shall be held in Barbuda at such times and places as are appointed after consultation with the Barbuda Council. (5) The Town and Country Planner shall publish in the Ga zette and, if it appears to be fit, in any other news media, notice of the time and place at ·,vhich any such public rne;:tmg is to be held, at least seven days prior to the meeting. (6) Any person may, at a public meeting J1cJd pursuant to subsection (4), make oral representations on th(; d~aft develop ment plan to the Town and Country Planner and? record of thE' proceedings of any such public meeting shall be kept by the Secretary of the Authority, a copy of which shall be furnished to the Minister as soon as is practicable thereafter. (7) Any person f1".ay, at within eight weeks of the publication in the Gazette of the notice referred to in suhsection (2), m.ike written representations on the draft deve/qµment plan to tb.: Town and Country Planner. (8) When the Town and Country Plann 'r submits a draft de velopment plan for the approval of the M'nister, it shall be ac companied by a statement of the steps taken by l~e Town and Country Planner to comply with the provision.,., of this sectio11 and the particulars of the consultations helt~ wit:1 other persons with respect to the proposals in the droft dl'.-,. lopment plan. (9) After the expiration of the period prescn'oed for making representations on a draft development plan, the To""1t and Coun try Planner shall consider the draft development p'. an and the written representations and comments made, and shaJ forward the same together with his or her own recomme'ldations and comments to the Minister. 12. (I) The Mimster, after considering a draft development plan which has been submitted to him or her under section 1 ! , and all comments, representations and recommendations made thereon, may accept the draft plan with or without modifica tions, or may reject require further work on, or revision of, or may require further consultations on the draft plan in whole or in part. (2) Where, before a draft plan is accepted, the Minister deter mines that further modifications to, further work on or revision of or consultations on, the draft plan are required, the Minister may require the Town and Country Planner to undertake such further work, revision or consultation as may be necessary and to give such publicity to the matter as will enable persons likely to be affected or interested to make representations or com ments on the draft plan. r\pprov:!l ,,~ :kvt'lopm-c;,1 ~· :an. Rejection of Development Plan. Deposit of Approved Plan. Modification or revocation of a plan (3) Unless the Minister otherwise directs, the provisions of section 11 shall apply to any modifications, work or revision undertaken by the Town and Country Planner under this sec tion and to the re-submission of the draft plan or any modifica tion thereof. ( 4) Where a draft development plan is submitted to the Min ister under section 11 and is accepted by the Minister with or without modifications, the Minister shall submit the draft devel opment plan for the approval of Parliament. 13. Where a development plan is rejected by Parliament un der subsection ( 4) of section 12 the Town and Country Planner shall prepare a fresh plan in accordance with section 10, 14. (I) When a development plan has been approved by Parliament a copy of it shall be deposited at the offices of the Development Control Authority, and the substance of the plan shall be publicized in the area or areas to which it applies, in such manner as the Minister may direct. (2) Notice of the approval ofa development plan and the date on which the plan shall come into effect shall be published in the Gazette. (3) Copies of a plan shall be available for inspection and purchase, at all reasonable times at the offices of the Develop ment Control Authority, at such price as may be prescribed. 15. (1) The Minister may at any time require the Town and Country Planner to review or prepare proposals for modification or revocation of any plan, or any part thereof (2) Without prejudice to subsection ( 1 ), it shall be the duty of the Town and Country Planner to keep under review the opera tion of any plan in the light of changing circumstances in Antigua and Barbuda and in the area to which it applies, and the Town and Country Planner may prepare proposals for the modifica tion of revocation of any plan as he or she sees fit and shall submit the same to the Minister. (3) The provisions of this Act with respect to the participa tion in, preparation, consideration and approval of a develop ment plan shall apply mutatis mutandis to the participation in, preparation, consideration and approval of the modification or revocation of a plan. 16. (1) When a development plan has been approved ( a) it shall be the principal reason for the compulsory acquisition ofland designated in that approved de velopment plan as a comprehensive planning area; (b) it shall be the duty of all public officers to have due regard to, and so far as is practicable, be guided by the plan in formulating and preparing any project of public investment and development in Antigua and Barbuda; (c) the Authority shall, in considering any application for development permission, give principal consid eration to and be guided by the plan. (2) When a plan has been prepared but is not yet approved, paragraphs (b) and (c) of subsection (l) of this section shall apply as if the plan bad been approved. (3) An approved development plan remains in effect until it is revoked by the Minister with the approval of Parliament, by notice published in the Gazette. PART 1V CON1ROL OF DEVEWPMENT OF LAND 17. Notwithstanding the provisions of any other law to the contrary, no person shall commence or carry out any develop ment ofland, except in accordance with a development permit granted under this Act. 18. (1) Provision may be made by a development order grant ing permission to any class or classes of development specified in the order, either unconditionally or subject to such condi~ tions or limitations as may be specified in the order, without the requirement for the making ofan application for a development permit, and any such class of development is hereinafter re ferred to as permitted development. Legal status of development plans. Permission required to develop land. Development Orders. Applications for development permits Requirement for further information. (2) Provision may be made by a development order for regu lating the manner in which applications for development permits are to be made to and dealt with by the Town and Country Planner and the Authority. (3) Every development order shall be subject to the negative resolution of Parliament. I 9. ( 1) An application for a development permit shall mcluJe such information as may be required by the regulations, or by directions given thereunder by the Town and Country Planner, and be (a) made in such manner as may be prescribed by the regulations made under section 81; (h) accompanied by proof of payment of any applica tion-fee prescribed by a notice given under this Act; and (c) submitted to the Authority through the Town and Country Planner. (2) The Authority may grantapprO\al ona preliminary appli cation for development, expressed to be outline permission, the effect of which shall be to consent in principle to the develop ment, subject to the conditions and limitations specified therein and to the subsequent approval of the Authority with regard to detailed plans and particulars of the development, but not to permit the carrying out of development until a development per~ mit has been granted. (3) Where the Authority is of the opinion that an application for outline permission ought not to be considered separately from the detailed information required under subsection ( 1 ), it shall within one month of the receipt of the application notify the applicant that it is unable to entertain the application for outline permission and shall invite the applicant to submit an application for a development permit. 20. (l) lf so required by the Town and Country Planner after consultations with the Chief Environment Officer by written no tice, an applicant for development permission shall (a) furnish the Town and Country Planner, with such reasonable time as may be prescribed in the notice, with such further information as may b~ specified in the notice as the Town and Country PJ.:mner consid ers is necessary to enable the Authoi:ity to deter mine the application; {b) cause an environmental impact stakmcnt or feasi bility study tub,; pn:rarcd of lhe p1oposeJ devel opment and submitted to the To\\ n and Country Planner. (2) \Vhere ~uch fu1ther information required !,nder subsec tions (I) (a) and (b) is furnished, the application slall be treated as having been made on the date \\ hen the information was 1 eceived and the 90 day period provided for the determination of applications in section 26 shall not commence until the date of receipt of the further inforniatwn. (:,) \Vhcre an applicant does not furnish the TO\Vll and Coun~ try Planner with the: further information required under subscc: tions (1) (a) and (b) within the period prescribed in the notice or such longer period allowed by the Tov-.'n and Country Planner, the Authority may decline to determine the application and may return the application to the applicant with a notice to that ef fect, or the Authority may refuse to grant development permis sion, as it thinks fit. 2 I. (I) Every application for a development permit shall be accornpamed by a statement signed by the applicant, certifying that the applicant has notified the owner of the land to which the application relates of the applicants intention to make the appli cation. (2) Where, within two weeks of the date of the application, the owner of the land notifies the Town and Country Planner that he or she objects to the application, the Town and Country Planner shall cancel the application and return it to the appli cant. N,Jt1r'i..:ul1tlll uf I andu\\ nc1 22. ( l) \Vhere the Minister has by order designated certain Publicitv for classes of development as likely to derogate from the amenities Applicalions. of the public, or of acljacent ornearby properties, and an appli cation is made for permission to carry out development falling within a designated class, the Town and Country Planner shall by written notice require the applicant to ( a) give details of the application to such persons or authorities as may be specified in the notice; and (b) publish details of the application at such times, in such places and in such manner as may be specified in the notice. (2) Without restricting the generality of subsection(!), the notices referred to in paragraphs (a) and (b) of that subsection shall be served in respect of any application ( a) for permission to deposit, store or otherwise deal with toxic or hazardous waste; (b) for permission to develop any manufacturing pro cess which will involve either directly or as waste, the production of toxic or other hazardous sub stances; (c) for permission to construct buildings or for the use ofland for the purposes of animal husbandry, pluck ing of poultry, or processing of fish, or as a slaugh terhouse; ( d) for permission to construct buildings or for the use of land for the purposes of a casino, gambling hall, recreation club, liquor shop, bingo hall, music hall, dance hall, theatre, cinema or sports hall; ( e) for permission to develop land in an environmental protection area; and (/) for permission to carry out any development in con nection with which an environmental impact assess ment is required. (3) The Town and Country Planner may, and in respect ofan application referred to in subsection (2), publish a notice and affix a copy of the said notice on the land to which the applica tion relates ( a) stating that an application to develop land has been received and will be determined on a date specified in the notice; and (b) inviting comments and representations either in writ ing or orally on such application. ( 4) In determining an application to which this section re lates, the Authority shall take into .account any report, represen tation or comment submitted in writing or otherwise in relation to subsection (I). 23. (1) Subject to the provisions of this section, an environ mental impact assessment shall be carried out in respect of an application for a development permit for any development set out in the Third Schedule. (2) Notwithstanding the provisions of subsection ( l) the Au thority may, after consultation with the Chief Environment Officer, require an environmental impact assessment in respect of an application for permission for any development ( other than development set out in the Third Schedule) where the proposed development would be likely to have significant effects on the environment having regard to (a) the nature of the proposed development; (b) the geographical scale and location of the proposed development; (c) the extent of the changes to the environment likely to be caused by the proposed development; ( d) the degree of scientific certainty about the nature of the proposed development and its likely impact on the environment; (e) any development plan for the area; (I) any other matter as may be prescribed in the regula tions. (3) A person who is minded to apply for a development per mit may ask the Authority to state in writing whether in its opin Environmental Impact Assessment. Third Schedule. ion an environmental impact assessment would be required in connection with the proposed development under subsection (2). ( 4) Where the Authority determines that an environmental impact assessment is required, the Authority shall, within 60 days ofreceipt of an application for a development permit, issue a written notice notifying the applicant of the determination that an environmental impact assessment is required and setting out the terms of reference for the preparation of an environmental impact statement on the proposed development and the period within which the environmental impact statement shall be sub mitted to the Authority. (5) Where the Authority issues a notice under subsection ( 4) that an environmental impact assessment is required, the appli cant shall submit to the Authority an environmental impact assessment on the proposed development in such form and containing such information as may be prescribed in the regulations. (6) Where the Authority issues a notice under subsection ( 4) that an environmental impact assessment is required, the Au thority and any other public agency or department, if requested by the applicant, shall enter into consultation with the applicant to determine whether the agency or department has in its pos session any information which the applicant or they consider relevant to the preparation of the environmental impact state ment and, ifihey have, the agency or department shall make any such information available to the applicant,~ provided that the agency or department shall not be required to disclose confi dential information. (7) The Authority shall not grant a development permit pur suant to an application to which this section applies unless they have first taken the environmental impact assessment into ac count. (8) Where the Authority issues a notice under subsection ( 4) notifying the applicant that an environmental impact assess ment is required, it shall inform any agency or department of Government having responsibility for the issue of any licence, permit, approval, consent or other document of auihorization in connection with any matter affecting the development and such agency or department shall not grant such licence, permit, ap proval, consent or other document of authorization as aforesaid unless it has been notified by the Authority that the notice has been complied with and that the Authority has issued a devel opment permit in respect of the proposed development. (9) This Act does not exempt any development from the re quirements imposed upon any such development hy any other written law or regulation. ( 10) The Minister., on the advice of the Authority, may cause a register of persons with the qualifications, skills, knowledge and experience as may be prescribed by regulations made under this Act to carry out environmental impact assessments to be compiled, and a person who is on the register shall be deemed to be approved by the Minister to prepare environmental impact assessments for Antigua and Barbuda. 24. ( 1) Where an application is made for the development of Consultation on any land within the jurisdiction of the Barbuda Council, the St. Applications John's Development Corporation or the Port Authority or the National Parks, no development permit shall be issued by the Authority unless there has been prior consultation between the Authority and the Barbuda Council, the St. John's Development Corporation or the Port Authority or the National Parks, as the case may be. (2) Any governmental agency or statutory corporation or authority (including but not limited to the Barbuda Council, the St. John's Development Corporation, the Port Authority rtnd the National Parks Authority) or any public officer ·,),.ho rec:.31\·1.·:-; a request in writing from the Town and Country Planner for i,::;J,11 ments on an application for a development pem1it, shall reply to that request within 21 days, or other such period as may be agreed between the Town and Country Planner and that officer or agency, corporation or authority. 25. ( 1) In considering an application for a development per mit, the Authority shall give principal consideration to ( a) an approved development plan for the whole coun try, if any; and (b) an approved development plan applicable to the land to which the application relates, if any. Material considerations. (2) In addition to the considerations referred to in subsection (!) the Authority shall take into account the following matters as appear to be relevant, or as the Town and Country Planner may advise, in order to make a proper decision on the applica tion, namely as follows (a) any representations made by a person with regard to the application or the probable effect of the pro posed development; (b) an opinion expressed by an authority consulted un der section 24; (c) statement of policy issued by the Minister; (d) information, study or report provided by the appli cant in response to a notice served under section 20; (e) the likely impact of the proposed development on the natural or built environment; (j) the likely impact of the proposed development on public health and safety; (g) the social and economic costs and benefits likely to accrue to the community as a result of the proposed development; {h) an application for commercial or industrial develop ment, or for sub-division of land (i) any policies on the use ofland for agricultural purposes which have been issued by the Min ister responsible for agriculture; (ii) the suitability of the land for the purposes intended; (iii) the quality and economy of the proposed de velopment and its design; (iv) the proposals made in the application for the means of access to, from and within the de velopment, and for the provision of utility ser vices to the development; (v) the availability of water, electricity and waste disposal services; (vi) traffic considerations; (i) the financial and other resources which are, or which will be, available to the applicant for the develop ment permission; (j) the area of land required for the proposed develop ment; (k) such other matters as the Town and Country Plan ner considers to be relevant to the determination of the particular application. 26. (I) Where an application is made for permission to de velop land in accordance with this Act and any Regulations made hereunder, the Authority may (a) grant a development permit uncondibonally; or (b) grant a development permit subject to such condi tions as it thinks fit; or (c) refuse permission. (2) Within 90 days ofreceipt of the application for a develop ment permit, the Town and Country Planner shall notify the applicant in writing of the determination of the application, pro viding in the case of paragraph (bj or (c) of subsection (I) ( a) a full and clear statement of the reasons for the de termination; (b) information on the opportunities available to the applicant for appeal against the determination. (3) Where no decision has been made within 90 days of re ceipt of the application, the Town and Country Planner shall notify the applicant of the progress made on the application and Determination of applications. Conditional development permits. the extended date by which the decision is likely to be made, being no later than 30 days from the date of notification. (4) Where no decision is made within 90 days of receipt of the application and no notification of an extended date has been issued to the applicant that application shall be deemed to have been refused for the purposes of paragraph (a) of subsection (2) of section 72. (5) For the avoidance of doubt, it is hereby declared that a development permit granted after expiration of the 90 day period feferred to in subsection ( 4) is effective as a development permit for all purposes. 27. (1) Without prejudice to the generality of paragraph (b) of subsection ( 1) of section 26, the Authority may impose con ditions on a development permit which relate to any matter re ferred to in subsection (2) of section 25 or which arrange for~ ( a) regulating the manner in which the development au thorized by the permission is to be carried out in cluding (i) the timing and phasing of the implementation of the development; (ii) the dimensions, design, structure, or external appearance of any buildings or the number or disposition ofany buildings on the land which is the subject of the development permit; (iii) the location, design or materials of construc tion of any means of access from the develop ment to a highway; (iv) the disposal of sewage, effluent or trade waste from the development; (v) the supply of water to the development; (vi) the landscaping of the development; (vii) the presentation of trees, vegetation or other natural features of the land where the devel opment is to take place; (viii) the preservation of any buildings or sites of importance to the cultural heritage of the coun try; (ix) the reservation of any part of the land on which the development is to take place for roads, open space or other public or communal pur poses reasonably incidental to the develop ment; (x) the nature of the materials to be used in any building or engineering operations in the de velopment; (XI) the routing of any vehicles or vessels to be used for the purpose of or in connection with the development; (xii) the removal of materials or waste from such land or adjacent land used for the purpose and the canying out of any works required for the :einstatement restoration, or preservation of the land and the environment when the de velopment is completed; (b) regulating the development or use of any land un der the ownership or control of the applicant (whether or not it is land in respect of which the application was made, provided that where such \and is not included in land which is the subject of the development permit it shall be adjacent to the land which is the subject of the development permit) in cluding the discontinuance of any existing uses of the land or requiring the carrying out of works in cluding the demolition of any buildings on such land or the removal of plant and machinery from the land so far as appears to the Authority expedient for the purposes of or in connection with the develop ment authorized by the permit; ( c) requiring the removal of any buildings or works au thorized by the permit, or the discontinuance of any use of land so authorized at the expiration of a speci fied period, and the carrying out of any works re quired for the reinstatement of the land at the expi ration of that period; (d) regulating the use which may be made of any build ing or use of land authorized by the development permit notwithstanding an order made under sub section (2) of section 18; (e) controlling or prohibiting the display on the land comprising the development of any advertisement including the size, shape, colour or location of any such advertisement; (j) requiring continuous environmental monitoring of the development authorized by the development permit; ( g) regulating the hours of work during which the de velopment authorized by the permit may operate; (h) the retention of any existing development or use of land to which the application relates, for a specified period; (i) the payment of money or money's worth or the con veyance of land to the Authority in lieu of works required under the development pennit; OJ the entering into a performance bond with the Au thority to guarantee the implementation of any of the conditions subject to which the grant of the development permit is made. (2) A condition may be imposed under this section requiring the developer to carry out any works or other development on land (including roads) in the ownership orunder the control of the Crown, even if the effect of the imposition of such a condi tion would be to require the developer to carry out works or development at his or her own cost for the public benefit. (3) A development permit granted subject to any such condi tion as is referred to in paragraph (c) of subsection ( 1) is in this Act referred to as "a temporary development permit." ( 4) No claim to compensation shall lie against the Govern ment, the Minister, the Authority, the Town and Country Plan ner or any other public officer in connection with or arising out of the grant by the Authority of development permission sub ject to conditions. 28. (!) The Authority may, on the advice of'the Town and Country Planner, and with the consent of the Minister, and the consent of any other government agency who may be a party to the agreement, enter into an agreement containing such terms and conditions as it thinks fit with the applicant for a develop ment permit or with any other person interested in that land for the purpose of regulating the development of land proposed by the application. (2) Without restricting the generality of subsection ( 1 ), terms and conditions may be included an agreement (a) covering any matter in respect of which conditions may be imposed on a development permit; (b) providing for contribution (whetherofworks, money or land) by the applicant towards the provision of services, facilities (including their future mainte nance) and amenities in the area in which the pro posed development is to be carried out; (c) for the provision of security by the applicant for ensuring due compliance with the agreement. (3) An agreement made under this section with any pers-.n interested in land may be enforced by the Authority against persons deriving title under that person in respect of that land as if the Authority were possessed of adjacent land and as if the agreement had been expressed to be made for the benefit of such land. 29. ( 1) Where the Authority requires, in a condition imposed on a development permit to develop land under section 27 or as a term of an agreement made under section 28 that an applicant or, as the case may be, a person with whom it makes an agree ment provide a bond as security for the performance of any condition subject to which a development permit was granted or for the performance of the agreement, the Authority shall re Development Agreements. Performance Bonds, I ap"e of d<'velopment permit. quire a charge on the land to which the prrrnit or agreement relates as appears to it to be expedient and proper to ensure that the bond may be enforced. (2) The Authority may enforce a bond entered into by an applicant for permission to develop land under sectit1:127, or by a person with whom it has made an agreement under section 28, by all appropriate legal and equitable remedies. 30. ( 1) Outline permission shall be granted subject to a con dition that ifno development permit covering the same develop ment has been applied for within one year of the grant of outline permission, or such longer period as may be specified in the grant of outline permission or as may be authorized by the Au thority in any particular case, that outline permission shall lapse and cease to have any force or effect. (2) Where in accordance with the provisions of this section an outline permission has expired, an applicatirm for a develop ment permit in respect of that expired outline pe1mission may be refused without any liability to pay compensation under section 64. (3) A development permit shall be granted subject to a condi tion that it shall lapse and cease to have effect if the develop ment to which it relates has not been completed within three years of the grant of the development permit, or such longer period as may be authorized by the Authority in any particular case. ( 4) Where a development permit provides for different parts of the development to commence at different times, the provi sions of this section shall apply to those separate parts of the development as if a development permit was granted for each separate part or stage of the development. (5) The Authority may serve written notice on a person who has commenced, but has not completed, within the time pre scribed therefor, the development for which permission has been granted, requiring that person to complete the development within the time specified in such notice, and stating that if the development is not completed within that period the develop ment permit will cease to have effect after the expiration of a further period specified in the notice. ( 6) Upon expiration of the further period specified in a notice served under subsection (5) the development permit shall cease to be valid or to have any effect and any further development or work carried out with respect to that development permit shall be a breach of planning controL 31. (1) \Vithout prejudice to the provisions of this Part a.-. to the lapse or modification or revocation of any development per mit, such permit shall, except in so far as the pcnnit otherwise provides, ensure for the benefit of the land concerned and t'f all persons for the time being entitled to an interest ir. the lan.i. (2) Where a temporary development permit is g;an!ed in ~:c cordance with paragraph (c} of subsection ( l l of s~l'uon 27. or the expiration of the period specified therein, the use ofih..: '.,rnd for the purpose for which it was used hefore tl1e grant of thi.: temporary development permit may be resumed \.vithuut express grant of a development permit only if that use was a !a1,,"'\d use. (3) Where a development pem1it is gramed for the erection of a building, the permit may specify the purposes for which the building m.:iy be used. (4) A development permit may include permission, with Dr without conditions, to retain on land bui~dings or works con structed or carried out thereon before the date ,lthe applica~ion or for the continuance of any use of land :nstituted before th1t date (whether without a permit granted unde:-- + his parl nr in accordance with a temporary development perm:t). (5) A condition in a perrnit granted under sul\sect1un ( ,\} may require the applicant to pay a sum of money to the Authonty in respect of the buildings or works constructed or carried out before the date of the application or in respect ofany use ofland instituted before that date. 32. (!) The Town and Country Planner, acting on behalf of the Authority, may approve a minor variation to a development permit which in his or her opinion does not alter or affect the terms and conditions of the development permit in any material respect and in such event the Town and Country Planner shall inform the Authority of the action which has been taken in that particular case. Suppl•·nwnt;ir~ rro1-·JSlUll:S a:s l1l develtlprncnt permits. Minor variation of development permit Modification or revocation of development perm11. (2) Where the Town and Country Planner is requested to approve a variation under subsection ( 1) but is of the opinion that the variation proposed is not a minor one the Town and Country Planner shall, in writing, inform the applicant that a request must be submitted to the Authonly for approval of the variation. 33. (!) Subject to the provisions of this section, ifit appears to the Authority, after consideration of such advice as may be given by the Town and Country Planner that it ls desirable that any grant of development permission ought to be modified or revoked the Authority may, by written notice to the person entitled to the benefit of the permit, revoke or modify the devel• opment permit to such extent as it considers desirable. (2) The power conferred on the Authority by this section may be exercised-~ (a) where the development permit relates to the carry ing out of building or other operations, at any time before those operations have been completed; (b} where the development permit relates only to the making of a material change in the use of building or other land, at any time before the change has taken place. (3) The modification or revocation of a development permit for the carrying out of building or other operations shall not affect so much of the operations as has been previously carried out. (4) A notice of the modification or revocation of a develop ment permit under this section shall include ( a) a statement of the reasons for the modification or revocation; (b) such directions as the Authority considers necessary for the bringing to an end any development to which the notice relates; (c) information as to any claim for compensation that may arise in consequence of the modification or re vocation, and the procedure for making any claim for compensation; (d) information as to the right of appeal under Part IX of this Act; and (e) such other matters as may be prescribed. ( 5) Upon the service of a notice under subsection ( l ), to the extent to which the modification or revocation so requires, the development permit concerned shall cease to be valid or to have effect, and any further development or work carried out contrary to such notice shall be a breach of planning control. (6) Notwithstanding subsection (5), the Authority, after con sidering any representations made in respect of such a notice, may at any time cancel or withdraw that notice. (7) An appeal shall lie, under Part IX against tl1e issue of a notice by the Authority under subsection (1), or against the refusal of the Authority to cancel or withdraw such notice under subsection ( 6 ). (8) Pending the determination of any such appeal referred to in subsection (7) the notice concerned shall be deemed to be suspended in its operation, save that any further development or work carried out shall be a breach of planning control. PART V ENFORCEMENT 34. (1) Where it appears to the Town and Country Planner that a breach of planning control has taken place, that is to say (a) that any development of land has been carried out without a development permit required under Part N;or (b) that any conditions or limitations subject to which a development permit was granted have not been com plied with; Enforcement Notice then the Authority may within the period specified in subsec tion (2) if it considers it expedient to do so, having regard to any development plan applicable to the land where the breach of planning control is alleged to have taken place and to other material considerations such as arc set out in section 25 and section 36, serve an enforcement notice in accordance with sub section ( 4) requiring the breach to be remedied. (2) Where the enforcement notice alleges a breach of plan ning control relating to development other than the making ofa material change in the use of building or other land or the sub-division of land, the period within which an enforcement notice may be served shall be (a) in the case of development of land alleged to have taken place without grant of a development permit. six years from the carrying out of the development; (b) in .the case of non-compliance with a condition or limitation, six years from the date of the alleged fail ure to comply with it. (3) Where the enforcement notice alleges a breach of plan ning control relating to the making ofa material change in the use of building or other land or the sub-division of land there shall be no time limit reStricting the service of an enforcement notice under subsection ( l) and in all other respects the provi sions of subsection ( 1) shall apply. (4) A copy of the enforcement notice shall be served on the owner and on the occupier of the land to which it relates; on any other person having a material interest in the land; on the autho rized representatives of the aforementioned persons; and on any other person carrying on or in control of a person carrying on activities on the land which are alleged to constitute the breach of planning control, but the fact that the Authority fails to serve it on any one or other of the persons mentioned herein shall not invalidate any action or proceedings against any other of such persons. (5) An enforcement notice shall take effect on the date speci fied in it (in this Part referred to as the "specified date"). (6) An enforcement notice shall be served not later than 14 days from the date of issue and not later than 28 days before the specified date. (7) An enforcement notice shall s1ate clearly ( a) which breaches of planning control referred to in paragraphs (a) and (b) of subsection ( l) are alleged to have taken place; (b) the particulars of development which appear to con stitute the breach; (c) the person or persons on whom it is served in accor dance with subsection \ 5); (d) the steps which the Authority requires to be taken to remedy the breach and a reasonable time within which they must be taken; (e) the powers of the Authority, in case of default 'in compliance with the notice, to enter upon the land and take the steps specified in paragraph (d); (j) the penalties which may be incurred if the steps specified in paragraph (d) are not taken; and (g) the opportunities which are available to the person or persons on whom the copy of the enforcement notice was served to appeal the notice. (8) The steps which the Authority may require to be taken by a person on whom an enforcement notice has been served, to remedy the breach to which the enforcement notice relates, may be all or any of the following namely (a) to restore land as near as may be to the appearance and state that it had before the breach took place including replacement of soil, planting or replanting of trees and other vegetation; (b) to comply with any limitation or condition in a de velopment permit; (c) to demolish or remove a building in whole or in part; (d) to carry out any building or other operations on the land tu which the notice relates; Material considerations with respect to enforcement notice (e) to discontinue any use of land or buildings; (f) to remove anything placed on the land without a development permit; (g) to remove any advertisement or to display it in the place permitted by a development permit; (h} to remove any unauthorized marks of identification in, on, or over land which have as their purpose the identification of a boundary of a sub-division al leged to constitute a breach of planning control; (i) to remove or prevent any damage to the land or amenities of the area which has been or is likely to be caused by the development which constitutes the breach of planning control; (j) to do or to refrain from doing or to take or to refrain from taking any actions similar to those listed in paragraphs (a) to (i) which would assist in the end ing of the unauthorized development. (9) The Authority may~ (a) withdraw an enforcement notice (without prejudice to its power to issue another one in respect of the same breach of planning control) and shall ifit does so serve a notice of withdrawal on every person who was served with a copy of the enforcement notice; {b) modify an enforcement notice and ifit does so the provisions of this section shall apply to any modifi cation of an enforcement notice made under this section as they apply to the enforcement notice. 35. ( 1) In considering whether or not an enforcement notice shall be served the Authority shall take into account such of the following matters as may be relevant in the circumstances of the particular case namely (a) any development plan applicable to the land where the breach of planning control is alleged to have taken place; (b) any statement of policy issued by the Minister which is relevant to the development; ( c) the nature and extent of the development which con stitutes the alleged breach; (d) the extent or likely extent of damage to the natural or built environment; (e) the extent to which the development constitutes a nuisance or a threat to public health and safety; (/) any objections and representations made by per sons in the neighbourhood; (g) the length of time the breach of control has contin ued; (h) the expense likely to be involved in compliance with the notice by the person who may be, or has been, served with the notice and that person's capacity to meet that expense; (i) the benefits to the community (if any) resulting from the development; (j) any possible alternative measures which could be taken to remedy the unauthorized development; (k) the effect of the development on any public works; (/) whether it is necessary, desirable and convenient having regard to the public interest to serve or con firm an enforcement notic.e; (m) any other material considerations. 36. (l) The Town and Country Planner may, in any case in which he or she considers that a breach of planning control has taken place, by written notice served on the person or persons referred to in subsection (5) of section 3 5 require that an applica tion shall be submitted for a development permit and in such case the Authority shall refrain from issuing an enforcement notice if such application for a development permit is submitted Notice to apply for development perm1t Suspension of effect of Enforcement Notice Stop Notice within twenty-eight days of the service of such notice or such extended period as may be agreed. (2) Where the Authority decides to grant a development per mit in respect of an application made in conformity with a notice served under subsection (I), the Authority may grant that de velopment permit with retrospective effect to the date when the development commenced, or such other date as the Authority considers to be appropriate in the particular case. 37. (I) If, within 28 days of the service of the enforcement notice ( a) an application is made to the Authority for a devel opment permit for the retention on the land of any buildings or works to which the enforcement notice relates, or for the continuance of any use of the land to which the enforcement notice relates; or (b) notice of an appeal is given under section 69 by a person on whom the enforcement notice was served; the enforcement notice shall be suspended and shall not take effect pending the determination of the application or appeal. 38. ( 1) Where in respect of any land the Authority has served an enforcement notice, the Authority may, at any time before the enforcement notice takes effect serve a further notice (in this Act referred to as a "stop notice") referring to, and having an nexed to it, a copy of the enforcement notice and prohibiting any person on whom the stop notice is served from carrying out or continuing any specified operations on the land, being op erations either alleged in the enforcement notice to constitute a breach of planning control or so closely associated therewith as to constitute substantially the same operations. (2) The operations which may be the subject of a stop notice shall include the deposit of refuse or waste materials on land or causing environmental damage or actions affecting the health or safety of persons where such action is a breach of planning control alleged in the enforcement notice. (3) A stop notice may be served by the Authority on any person who appears to it to have an interest in the land or to be No. 6 of 2003. The Physical Planning Act, 2003. 43 ANTIGUA AND BARBUDA concerned with carrying out or continuance of any operations thereon. ( 4) A stop notice shall ( a) take effect from the date of its service; (b) without prejudice to subsect10n (7) cease to have effect when (i) the enforcement notice to which it relates is withdrawn or quashed; (ii) notice of the withdrawal of the stop notice is served under subsection (6). ( 5) If a person on whom a stop notice is served carries out1 or causes or permits to be carried out any operations prohibited by the notice, he or she commits an offence and is liable on sum mary conviction to a fine not exceeding fifty thousand dollars and if the offence is continued after conviction he or she shall be 1iable to a further fine not exceeding one thousand dollars for each day on ,vhich the offence continues. ( 6) The Authority may at any time withdraw a stop notice (without prejudice to their power to serve another) by serving notice to that effect on the person on whom the stop notice was served and the stop notice shall cease to have effect as from the date of withdrawal. 39. (1) If a person on whom the notice was served falls er refuses to take the steps required by the enforcement notice to remedy the breach of planning control within the period speci fied in the enforcement notice, the Authority may authorize the Town and Country Planner to enter the land with such assis• tance as may be necessary and take those steps in respect of the unauthorized development to enforce the notice as it may see fit. (2) When the Authority has exercised any power under sub section ( l ), it may recover as a civil debt, from the pers-on on whom the notice has been served, those expenses reasonably incurred by it in the exercise of such power .. and if that person, having been entitled to appeal under section 40, has failed to ,\ :tion by Authoriiy for non-compli:rn.;c with Enforce ment Notice. Appeal against enforcement notice. Contim.1ing operation of enforcement notice. make such an appeal he or she shall not be entitled in any pro ceedings to dispute the validity of the action taken by the Au thority or the Town and Country Planner upon any ground that could have been entertained on such an appeal. (3) Nothing in this Part shall be construed as requiring a development permit to be obtained for the use of land for the purpose for which it could \awfully have been used if the devel opment in respect of which an enforcement notice was served under section 34 had not been carried out. 40. (I) Ifany person on whom an enforcement notice is served is aggrieved by the enforcement notice, that person may at any time within 28 days of the service of the notice appeal against the enforcement notice under section 69 and on any such ap peal the Tribunal ( a) if satisfied that a development permit was granted under Part IV for the development to which the en forcement notice relates, or that no such permit was required in respect thereof, or, as the case may be, that the conditions subject to which such a permit was granted have been complied with, shall quash the enforcement notice to which the appeal relates; (b) if satisfied that a variation of the enforcement no tice would be appropriate, may vary the enforce ment notice accordingly; (c) in any other case shall dismiss the appeal. (2) Where the enforcement notice is varied or the appeal is dismissed the Authority may, if it thinks fit, direct that the en forcement notice shall not come into force until a date, not being later than 28 days from the determination of the appeal. 41. {I) Where any development is carried out by way of reinstating or restoring buildings or works that have been demolished or altered in ace.or dance with an enforcement notice, the enforcement notice shall, notwithstanding that its terms are no longer wholly apt for the purpose, be deemed to apply in relation to any building or works so reinstated or restored as it applied 'in relation to such building or works before they were demolished or altered, and subsection (I) and (2) of section 39 shall apply accordingly. (2) Without affecting the operation of section 39, a person who carries out any development on land by way of reinstating or restoring buildings or works that have been demolished or altered in contravention of an enforcement notice is liable on summary conviction to a fine of twenty-five thousand dollars. 42. ( 1) If it appears to the Authority that it is expedient in the interests of the proper planning of the country (including the interests of amenity), regard being had to a development plan and to any other material considerations (a) that any use ofland should be discontinued, or that any conditions should be imposed on the continu ance of a use of land; or (b) that any buildings or works should be altered or removed; the Authority may with the consent of the Minister, by notice ( in this Act referred to as a "discontinuance notice") require the discontinuance of that use1 or impose such conditions as may be specified 'in the notice on the continuance thereof, or require such steps as may be so specified to be taken for the alteration or removal of the buildings or works, as the case may be. (2) The provisions of subsections (4) to (10) of section 34 inclusive, and the provisions of sections 35, 37, 39, 40 and 41, shall apply to a notice served under subsection (I) in like man ner to a compliance notice served under section 34, save that ( a) references to an enforcement notice in those provi sions shall have effect as if they were references to a notice served under subsection ( 1 ); (b) references to a breach of planning control shall have effect as if they were references to the use ofland or the buildings or works specified in the notice served under subsection ( l ); ( c) where a claim for compensation has been submitted under section 64 the provision of section 39 (recov ery of expenses incurred by the Authority, in en forcing a notice, on non-compliance by the recipi ent of the notice) shall be exercisable only by way of Notice requiring discontinuance of the use or alteration or removal of building or works Compilation of a fol of buHrl'ings. counterclaim, to offset against the said claim for compensation; ( d) paragraph (a) of subsection ( 1) of section 40 shall not apply; (e) references to "remedy" the breach of planning con trol shall have effect as if they were references to the carrying out of the acts and works required un der the notice served under subsection ( 1 ), and, not withstanding the adoption of the said provisions for the purposes of this section, it shall not be im puted that work previously carried out under a valid development pennit shall be retrospectively deemed unauthorized. I'ART VI ENVIRONMENTAL PROTECTION 43. (1) The Town and Country Planner may, and if so di rected by the Minister shall cause a survey of the buildings in the whole or any part of the country to be made with a view to determining if, having regard to the importance of preserving the architectural, cultural a11d historical heritage of the country, any such building m µart thereof or group of buildings of spe cial architectural or historic interest ought to be preserved or protected, as hereinafter provided. (2) The Town and Country Planner shall compile or cause to be compiled or adopt the compilation ofa list of the buildings of special architectural or historic interest in any area, and may amend, add to or delete from any such list of buildings so com piled and submit that list to the Minister for approval. (3) Before compiling, adopting or amending any list hereun der, the Town and Country Planner shall consult with the Na tional Parks Authority, the St. John's Development Corporation and such Gth.er pei;s.cmt or bodies of persons as appear to him or her appropriate as having special knowledge of, or interest in buildings of architectural or historic interest. ( 4) As soon as may be after the approval of the compilation of a list or the amendment of a list, a notice shall be published in the Gazette and at least one daily newspaper, of the compilation or amendment of the list and of the place or places where the list may be inspected. (5) The Authority shall serve notice on every owner and occupier of a building which has been placed on a list of build ings informing them of that fact. (6) Subject to this section so long as a building (not being a building to which a building preservation order applies) is in cluded in a list compiled or approved under this section, no person shall execute or cause or permit to be executed any works for the demolition of the building or for its alteration or exten sion in any manner which would seriously affect its character unless no less than 60 days prior to the execution of the works notification of the proposed works has been given in writing to the Authority. (7) Nothing in subsection ( 6) shall renderunlawful the execu tion of any works which are urgently required in the interests of safety or health or for the preservation of the building or of neighbouring property, provided that notice in writing thereof has been given to the Authority as soon as may be after the necessity for the work arises. (8) Where the Authority receives notice of any proposed works under subsection ( 6) it shall soon as may be send a copy of the notice to the Minister, the National Parks Authority, the St. John's Development Corporation and to such other persons or bodies as may be specified by directions of the Minister either generally or in respect of the building in question. 44. (1) Where it appears to the Town and Country Planner that it is desirable having regard to the importance of preserv ing the landscape, architectural, cultural or historical heritage of the country to make provision for the preservation of any build ing or group of buildings of special architectural or historic in terest in the country, the Town and Country Planner may for that purpose make an lnterim building preservation order restricting the demolition, alteration or extension of the building or group of buildings. (2) For the purposes of this section a group of buildings may be made the subject of a building preservation order ifby reason Building Preservation Orders. of their proximity and relationship to each otherit is considered desirable that, the whole group should be preserved. (3) A copy of the interim building preservation order shall (a) be served on every owner and occupier of the build ing or group of buildings concerned; (b) be affixed in a prominent place on each building to which the order applies; (c) specify the building or group of buildings to which it relates; ( d) state the effect of the interim order and when it comes into effect; (e) invite the owners and occupiers and any other per son with an interest in the building or group of build ings to make representations within 28 days of the service or the affixing of the interim building preser vation order. ( 4) An interim building preservation order shall be in force for a period of 90 days and shall cease to have any effect at the termination of that period unless it is confirmed by the Minister before the termination of that period. (5) Where an interim building preservation order has been made in respect of a building or group of buildings and while it is in force, any person who executes or causes or permits the execution of any works for the demolition of, alteration or addi tion to or any other building operations other than essential repairs or maintenance on that building or group of buildings without first obtaining permission from the Authority shall be guilty of an offence. ( 6) In considering whether to grant, with or without condi tions, or to refnse, permission for any demolition, alteration, addition or other building operations on, or in the curtilage of, a building or group of buildings which is the subject of an interim building preservation order, in addition to any other matters which under the provisions of this Act, it is required to take into account, the Authority shall have regard to (a) the matters mentioned in subsections (I) and (2); (b) the desirability of allowing such economic activity within the building or group ofbuildings as will fa cilitate their continued preservation and use; (c) the quality of architectural design of any proposed additions to or new buildings within the curtilage of the building or group of buildings. (7) Notice of the service of an interim building preservation order shall be published in at least one daily newspaper and of the opportunity for any member of the public to make written representations on or objections to the interim preservation or der within 28 days of the date of the notice. (8) The Minister may after considering the representations of the owners and occupiers and any other representation made under subsection (7) and the comments of the Authority on any such representation, confirm with or without modifications or cancel the interim building preservation order. (9) An interim building preservation order shall from the date of the confirmation or without modifications thereto become a building preservation order. (10) Notice of the making of a building preservation order shall be published in the Gazette and at least one daily newspa per. (ll)A building preservation order shall (a) be served on every owner and occupier of the build ing or group of buildings to which it applies; (b) specify the building or group of buildings to.which it applies; {c) state the effect of the order and when it comes into effect; and (d) inform the owner and occupier of the building or group of buildings of the opportunities for making an appeal against the order under section 69. Purchase notice with respect to buildings subject to a building preservation order. Plant preserva tion order. ( 12) Where an appeal is made against a building preservation order, the order shall remain in full force and effect notwith standing the making of the appeal. (13) The provisions of subsection (5) apply to a building preservation order as they apply to an interim building preser vation order. 45. ( 1) Where the owner of a building for which a building preservation order has been confirmed, claims that (a) the building has become incapable of reasonably beneficial use in its existing state; or (b) the building cannot be rendered capable of reason ably beneficial use by the carrying out of the condi tions imposed by the building preservation order; he or she may within the prescribed time and m the prescribed manner serve on the Attorney General a purchase notice requir ing the Crown to purchase his or her interest in the building. (2) Tue provisions of subsection 67 (3) (a) and (b). and (4) shall apply to a purchase notice served under subsection (I) as if for the word "land" there were substituted the word "building" and as if for the words "modification or revocation notice, the discontinuance notice, the public access notice or the environ mental protection order there were substituted the words "building preservation order". 46. (1) Where the Minister, after consultation with the Minis ter responsible for the environment and the Minister responsible for agriculture, is of the opinion that it is desirable for amenity, environmental, landscape, scientific or similar reasons that any plant or group or species of plants, ought to be preserved, the Minister may make a plant preservation order with respect to such plant, group or species of plant. (2) Any person who without the permission (with or without conditions )of the Authority, cuts down, tops, lops, digs up or destroys the plant, group or species of plant, to which a plant preservation order applies, is guilty of an offence. (3) A plant preservation order shall (a) be served on the owner and occupier of the land on which the plant, group or species of plants, to which the order applies is situated; (b) specify the plant, or group or species of plant, to which it applies; (c) define the position of the plant, group or species of plant, by reference to a map which shall be available for inspection at a place specified in the order; ( d) state the effect of the plant preservation order and when it comes into effect; and (e) inform the owner and occupier and any other per son with an interest in the land on which the plant or group or species of plant, is situated of the opportu: nities for making an appeal against the plant preser vation order. ( 4) Where an appeal is made against a plant preservation order, the order shall remain in full force and effect notwith standing the making of the appeal. (5) No plant preservation order made under this section shall apply to the cutting down, topping or lopping of plants or trees that are dying or dead or have become dangerous or the cutting down, topping or lopping of any plants or trees in compliance with any obligation imposed by or under any Act or so far as may be necessary for the prevention or abatement of a nui~ sance. ( 6) Notice of the making of a plant preservation order shall be published in the Gazette. 47. ( l) In any case in which the Town and Country Planner Amenity mdecs. considers that land is ( a) unsightly and injurious to the amenity of the area, and visible to persons using a public highway or any other area to which the public has a right of access; or (b) likely to be or is offensive to persons residing in the immediate neighbourhood of such land, by reason of any waste, rubbish, derelict or abandoned ma chinery or articles or materials of any kind, or the dilapidated state of any structure or building thereon; he may prepare and submit to the Authority a draft amenity order. (2) An amenity order shall state clearly ( a) the land to which it applies, and the owner or occu pier thereof; (b) any matter that is required to be cleared; ( c) if screening is required to be carried out, the re quirements to effect the screening, ( d) the time, not being less than 28 days from the date of service of the order upon the owner or occupier, for compliance with the order; (e) in the case of an order requiring clearance, the mat ter which must be destroyed, or the place, being an authorized place for the disposal of rubbish, to which it must be removed, as appropriate; (f) in the case of a building, the manner in which the building is required to be repaired, painted or de molished, in whole or in part; (g) where the Town and Country Planner is aware that the occupier of land to which an amenity order is made is not the owner, the action that is required to be taken by the occupier and the action to be taken by the owner. (3) A draft amenity order prepared by the Town and Country Planner under subsection (1) shall be submitted to the Author ity, together with a statement by the Town and Country Planner in support of the proposed action. ( 4) The Authority may approve or reject the draft order. (5) Where the order is approved by the Authority, copies shall be served on the occupier, or, owner of the land concerned, No.6of 2003. The Physical Planning Act, 2003. or if no such person can be found, may be served by affixing a copy of the order in a conspicuous place on the land concerned. (6) If any person upon whom an amenity order is served fails to comply with the requirements of the order within the time specified in that order or any extension thereof approved by the Authority, the Authority may arrange for the work to be carried out at the expense of the person who is in default, and may recover the cost of so doing as a civil debt from the person in default. 48. (1) Any person upon whom an amenity order has been served under the provisions of section 47 may appeal to the Tribunal constituted under Part IX against the making or terms of such order. 53 ANTIGUA AND BARBUDA Appea\ against Amenity orders. (2) An appeal made under subsection ( 1) may be on any of the following grounds (a) the person upon whom an order has been served is not an owner or occupier of the land to which the order applies; {b) the person upon whom the notice has been served has no control over and no authority to remove, destroy or demolish any matter or building referred to in the order; (c} the time within which the order must be complied with is not reasonably sufficient for the purpose; ( d) the work specified in the order is unreasonable in character or extent or is unnecessary, (e) that having regard to the character and condition of land and buildings in the immediate neighbourhood, the order is unreasonable. (3) The Tribunal, upon the hearing of an appeal under this section ruay confirm, with or without modification, or may qua$h, in whole or in part, the order against which the appeal is made. ( 4) Where an appeal is made under this section, the operation of the order which is the subject of the appeal shall be sus pended pending the determination of the appeal. ANTIGUA 54 AND BARBUDA Public access to land for recreational purposes. Public Access and right of way to beaches. The Physical Planning Act, 2003. No. 6 of 2003. 49. ( 1) Where it appears to the Governor-General, acting on the advice of the Cabinet, that it is desirable that members of the public should have access to any unoccupied Crown land for open air recreation and perambulation on such land, the Gover nor-General may declare by notice in the Gazette that the public shall have access to such land on such terms and conditions as may be specified in such notice. (2) In any other case, the Minister may negotiate an agree ment for such access with the owner or tenant thereof, on such terms as may be agreed. (3) In any case where the Minister is unable to obtain the agreement of the owner or tenant for such access, the Minister may acquire a right of way over such land in accordance with the provisions of the Land Acquisition Act, as being an interest in land required for public purposes within the meaning of that Act, and shall confer a public right of access by notice in the Gazette on such terms as may be specified in such notice, but in such case the owner or tenant of the land shall be entitled to receive compensation from the Crown for the depreciation, if any, in the value of his or her interest in the land by reason of such right of access by members of the public. ( 4) If agreement cannot be reached in such a case as is men tioned in subsection (3), as to whether or not any compensation is payable or as to the amount thereof, the matter shall be deter mined in accordance with the provisions of the Land Acquisi tion Act. (5) The Minister may at any time alter or amend the terms on which members of the public have access to any land under the provisions of this section, except that where such access has been authorized with the agreement of the owner or tenant, al teration of such terms shall only be authorized with the agree ment of the owner or tenant. 50. ( l) There shall be at least one public landward access to every beach in Antigua and Barbuda. (2) Where there is no alternative public access, traditional public use of a private landward access through an existing private development shall be sufficient grounds for establish ing a public right of way over that access for the purpose of access to the beach by the public. (3) Where the only landward access to a beach is through an existing private development where traditional public use pur suant to subsection (2) of this section has not been established, the Crown may acquire the right to public use of that beach access by gift, negotiation, contract, purchase or lease, compul sory acquisition 'in exchange for other property7 interest, or financial exemption, or by such other means as the Minister may recommend, as a condition of issuance of any permit or licence required under the provisions of any Act. ( 4) Where land is acquired by way of compulsory acquisition for a beach access the provisions of the Land Acquisition Act shall apply in respect of such acquisition. (5) Where a proposed development is likely to adversely affect the public's ability to access a beach from the landward side, any development permit shall require as a condition a land ward public access through the development at all times free of charge. ( 6) In this section "traditional public use" means peaceable, open and uninterrupted enjoyment for a period of twenty years. 51. (I) Subject to this section, provision shall be made by Control of regulations under this Act for restricting or regulating the dis- advertisements. play of advertisements so far as appears to the Authority to be expedient in the interest of amenity or public safety, and without restricting the generality of the foregoing, any such regulations may provide (a) for regulating the dimensions, appearance and po sition of advertisements that may be displayed, the sites on which the advertisements may be displayed, and the manner in which they are to be affixed to land; (b) for requiring the consent of the Authority to be ob tained for the display of advertisements, or of ad vltftisement of any cliess specified in the regulations; (c) for applying in relation to any such consent and to applications therefor, any of the provisions of Part IV relating to permission to develop land and to application for development permits, subject to such adaptations and modifications as may be specified in the regulations; ( d) for enabling the Authority to require the removal of any advertisement that is being displayed in contra vention of the regulations, or the discontinuance of the use for the display of advertisements of any site that is being used for that purpose in contravention of the regulations, and for that purpose for applying any of the provisions of this Part with respect to compliance notices, subject to such adaptations and modifications as may be specified in the regulations; (e) for the constitution, for the purposes of the regula tions, of such advisory panels as may be prescribed by the regulations, and for determining the manner in which the expenses of any such panels are lo be defrayed. (2) Subject to section 52, regulations made under this section may be made so as to apply to advertisements that are being displayed on the date on which the regulations come into force, or to the use for the display of advertisements of any site that was being used for that purpose on that date. (3) Regulations made under this section shall provide for exempting therefrom ( a) the continued display of any such advertisement as referred to in subsection (2); and (b) the continued use for the display of advertisements of any such site as referred to in subsection (2 ), during such period as may be prescribed in that behalf by the regulations, and different periods may be so prescribed for the purposes of different provi sions of the regulations. ( 4) Regulations made under this section may direct that any Act, regulations or bylaws, affecting the display of advertise ments in force on the day when the regulations made under this section come into operation, shall not apply to the display of advertisements in any area to which the regulations made under this section apply. (5) Regulations made for the purpose of this section may make different provisions with respect to different areas and in particular may make special provision (a) with respect to environmental protection areas; (b) with respect to areas defined for the purposes of the regulations as areas of special control, being areas which appear to the Minister to require special pro tection on the grounds of amenity. ( 6) In exercising the powers conferred by this section the Minister shall ( a) in the interests ofamenity, determine the suitability of sites for the display of advertisements having regard to any development plan applicable to the area and to the general characteristics of the local ity including the presence of any feature of archi tectural, historic, cultural or similar interest and the natural beauty or scenic value of the locality; (b) in the interests of public safety have regard to the safety of persons who may use any road, dock, harbour or airfield and in particular shall consider whether any display of advertisements thereon is likely to hinder or obscure any road or traffic sign or any aid to navigation by air or water. 52, (I) Where the display of advertisements in accordance with regulations made under section 51 involves the develop ment ofland within the meaning of this Act a development per mit for that development shall be deemed to be granted by virtue of this section, and no application shall be necessary in that behalf under the provisions of Part IV. (2) Without affecting any provisions included in regulations made under paragraph (k) of subsection (2) of section 81, if any person displays an advertisement in contravention of the provi sions of the regulations, he or she is liable on summary convic tion to a fine of such amount as may be prescribed by the regu lations, not exceeding five thousand dollars and, in case of a continuing offence, to a further fine not exceeding five hundred dollars for every day after the first day during which the display is so continued. Supplement,1ry prov1s;nn~ "' lu advertisl·mt.:1. t•; Environmental protection area. (3) For the purposes of subsection (2) and without restricting the generality thereof, a person shall be deemed to display an advertisement if ( a) the advertisement is displayed on the land of which he or she is the owner or occupier; or (b) the advertisement gives publicity to his or her goods, trade, business or other concerns. ( 4) A person shall not be guilty of an offence under subsec tion (2) by reason only that an advertisement is displayed on land of which he or she is the owner or occupier, or that his or her goods, trade, business or other concerns are given publicity by the advertisement if that person proves that it was displayed without his or her knowledge or consent. 53. (l) The Town and Country Planner may and if so directed by the Minister shall cause a survey to be made of the whole or any part of the country, either independently of or as part of a development plan made under Part !II of this Act, with a view to detennining whether any area of the country ought to be de clared an environmental protection area. (2) Before finally determining whether to recommend to the Minister that any area should be declared an environmental protection area, the Town and Country Planner shall ( a) take such steps as in its opinion will ensure that adequate publicity is given to its proposals in the area to which the proposals relate; (b) provide persons living and working in the area and any other persons interested in the area with an opportunity of making representations and com ments on the proposals; (c) consult with the Minister responsible for the envi ronment and any other person, body or authority who appears appropriate as being interested in or having special knowledge on environmental mat ters; ( d) receive and take account of the representations and comments received on the proposals. (3) In determining whether it is desirable to declare any area an environmental protection area the Minister shall have regard to (a) the survey prepared under subsection(!); (b) any representations or comments submitted by any person, body or authority on the proposals; (c) such of the following matters as may be relevant to the area (i) the flora and fauna of the area; (ii) the natural features and beauty of the area; (iii) any outstanding geological, physiographical, ecological, or architectural, cultural or histori cal features of the area which it is desirable to preserve and enhance; (iv) any special scientific interest in the area; (v) any special natural hazards to which the area is or may be subject; (vi) the characteristics, circumstances and inter ests of the people living and working in the area. (4) Where the Town and Country Planner is of the opinion that any area ought to be declared an environmental protection area he or she shall submit to the Minister ( a) his or her recommendations and proposals; (b) a draft of the environmental protection area order; (c) a report of the survey made under subsection (I); and ( d) the representations and comments received on the proposals. Environmental protection area order 54. ( l) The Minister shall consider the report of the Town and Country Planner and shall in determining whether to declare any area to be an environmental protection area have regard to the matters set out in subsection (3) of section 53. (2) Where the Minister is of the opinion that it is desirable to afford special protection to an area on account of the matters set out in subsection (3) of section 55, they may by order declare that area to be an environmental protection area. (3) An order made under subsection (I) may (a) designate any part of an erivironmental protection area as being an area in which, subject to the grant of development permits, only certain development or classes of development may be permitted; (b) prohibit any development within the area or any part thereof; (c) authorize the carrying out in the environmental pro tection area of such work~ and the doing on the land of such other things as may be expedient for the protection of the area as an environmental pro tection area; ( d) provide for control over use ofland within an envi ronmental protection area for purposes of agricul ture or forestry; (e) without prejudice to the provisions of Part IV, re quire that any person who proposes to undertake any activity or enterprise (not being an activity or an enterprise involving development) of a descrip tion or category as may be prescribed shall, no less than 60 days before commencing, notify the Au thority of his or her proposals and furnish to the Authority such documents and information as it may require; (I) requrre that environmental impact assessment be undertaken with respect to any proposal for an ac tivity, enterprise or development referred to in para graphs (a) to (e); ( g) restrict or prohibit the entry into the area of any person or the movement of, or any activity carried out by, any person in the area. 55. In any case in which private land is included in an area which has been declared to be an environmental protection area, and in which the Minister does not acquire the land under the Land Acquisition Act, any person holding any interest in such land shall be entitled to receive compensation from the Crown for the depreciation if any, of the value of his or her interest in the land consequential upon any restriction imposed on his or her use or interest in the land by reason of such declaration, such compensation to be determined in the same manner as compensation payable under section 64, provided that, if agree ment cannot be reached between the Minister and the party concerned as to whether or not any compensation is payable, or as to the amount thereof, the matter shall be determined under the provisions of the Land Acquisition Act. 56. ( 1) The Town and Country Planner may prepare or cause to be prepared an environmental protection area management plan with respect to any area declared to be an environmental protection area under section 54. (2) The purpose of a plan prepared under this section shall be to set out the operational policies and measures for the preser vation, enhancement and management of the special features of the environmental protection area, including as may be reJevant to the area to which the order app1ies, policies and measures for ( a) the preservation of marine and terrestrial flora and fauna including the regulation of hunting and fishing; (b} the protection of water supplies, water catchment areas and mineral resources; (c) the prevention of erosion, landslips and flooding; ( d) the control of fires; ( e} the control of pollution; Provisions with respect to land in environmental protection areas. Environmental protectwn area management plan. Ministerial Order to protect the environment. (/) the designation of special resource and use areas in the coastal zone; (g) the use and development of land so as to sustain the local economy of the environmental protection area; (h) the prohibition, restriction or regulation of access to any area and the prevention of squatting; (i) the development of facilities for residents and visi tors for the enjoyment of the special features of the environmental protection area; OJ the development of facilities for educational visits, study and research of the special features of the environmental protection area. 57. (I) Where the Minister is satisfied on information re ceived from the Town and Country Planner, that it is in the pub lic interest for the purpose of preventing or mitigating a speci fied environmental threat or hazard so to do, the Minister may by order published in the Gazette, direct the Town and Country Planner to take such steps as are necessary to remove, mitigate or prevent any condition that poses or is likely to pose a threat to the environment and the Town and Country Planner shall act in accordance with such order. (2) An order under subsection (I) may be made to extend to the whole of the country or to any part thereof, and may contain such ancillary and supplementary matters as the Minister thinks appropriate for removing, mitigating or preventing any condi tion that poses or is likely to pose a threat to the environment. (3) An order made under subsection (I) shall be subject to the negative resolution of Parliament. (4) The Town and Country Planner shall cause a copy of every order made under this section to be posted in a conspicu ous place at every police station and post office in the country. (5) Any person who (a) obstructs any person in carrying out any measures authorized by an order under subsection (I); or (b) contravenes any provision of such order, commits an offence, and is liable on summary conviction before a Magistrate to a fine not exceeding twenty thousand dollars. PART VII BUIIDING REGULATIONS 58. (I) The Minister may make regulations hereinafter re ferred to as 'building regulations" with respect to the design and construction of buildings and the provision of services, fittings and equipment in or in connection with buildings and particularly with respect to the following matters ( a) as to new buildings (i) the preparation and foundations of the site; (ii) the method of construction, structural strength and stability; (iii) the suitability and durability of the materials, including materials of short life and their pres ervation from decay and infestation; (iv) the space about buildings; (v) the insulation, lighting and ventilation of rooms; (vi) the dimensions of rooms and spaces; (vii) fire precautions and safety; (viii) plumbing and water supply; (ix) drainage; (x) sanitation; (xi) sewage disposal; (xil) electrical installations, wiring and supply of electricity, gas installations and piping, and telecommunications services; Building regulations. (x:in} lifts and other mechanical means of convey ance for access; (xiv) refuse disposal, storage, treatment and re moval of waste, and emission of noxious or offensive substances; (xv) hurricane and earthquake precautions and protection; (xvi) means of access to and egress from build ings; (xvii) low cost housing; and any matters connected with, or ancillary to, any of the foregoing matters; (b) as to e1<isting buildings, structural alterations or ex tensions to buildings; ( c) so far as they relate to the matters mentioned in this paragraph, regulations made under paragraph (a), may be made to apply to buildings erected before the date on which the building regulations came into force but except as aforesaid shall not apply to buildings erected before that date; and (d) generally, for carrying the purposes or provisions of this Part of the Act into effect. (2) Building regulations may ( a) exempt any building, part of a building or class of building from any of the requirements of the regulations; (b) provide for different regulations to apply to differ ent buildings, parts of buildings or classes ofbuild ings; (c) provide for the imposition ofor impose conditions on any permit to construct a building. (3) Regulations made under this section may include provi sions as to ( a) the preparation of plans, sections, specifications and written particulars; (b) the giving of notices and certificates, the inspection and testing of work, ( including the power to require the uncovering of work which has been covered prior to Inspection), the testing of drains and sew ers, and the taking by the Authority or a building inspector of samples of materials to be used in the construction ofbuildings or in the execution of other work,s; and (c) the prescribing and payment of fees. 59. It shall be a function of the Authority to enforce building regulations and the Authority shall appoint such persons as it shall deem appropriate, as building inspectors, to assist the Town and Country Planner in the performance of such function. 60. ( l) No development permit shall be issued in respect of any building operations where (a) the plans are defective; (b) the building contravenes any provision of building regulations; or (c) there is a failure to comply with the provisions of this Part, in which case the Town and Country Plan ner shall refer those plans to the Authority together with a recommendation thereon. (2) If the Town and Country Planner on referring plans in . accordance with subsection (1) considers that the operation of any requirement contained in building regulations would be un reasonable in relation to that particular case, the Authority may relax or dispense with that requirement. (3) Building regulations may provide, as regards any require ment contained in the regulations, that subsection (2) shall not apply. (4) On receipt of any plans on a referral by the Town and Country Planner under subsection (I), the Authority may Appointment of building inspectors. Passing and rejection of plans. (a) reject those plans; or (b) issue a development permit subject to either or both of the following conditions namely (i) that such modifications shall be made to the deposited plans as the Authority may specify; and (ii) that such further plans shall be deposited within such time as the Authority may specify; in order to bring the building into conformity with building regulations; or (c) if the Authority is advised by the Town and Coun try Planner in the manner indicated by subsection (2), it may relax or, dispense with the requirements of building regulations mentioned in that recommen d•tion and issue a development permit. ( 6) Where the Authority refuses to grant a development per mit because plans are rejected, the notice of refusal shall state the defects on account of which, or the building regulation or section of this Act for non-conformity with which, or under the authority of which, the plans have been rejected. (7) Where a development permit has been issued by the Au thority in exercise of any power to re1ax or dispense with any requirement of building regulations, or this Part it shall state the requirements of the building regulations or this Part, relaxed or dispensed with. (8) Any question arising between the Authority or the Town and Country Planner and the applicant as to whether ( a) the plans are defective; or (b) or the building would contravene the building regu lations or this Part; or (c) a relaxation of or dispensing with the requirements of the building regulations ought to have been granted under subsection (4); may on appeal by the applicant be determined by the Tribunal, but no such appeal may be made unless it is made before the proposed work has been substantially commenced. 61. ( l) If any work to which building regulations apply, con travenes any provision of this Part or of the regulations, the Authority, without prejudice to any prosecution under this Part, may by notice require the owner either to pull down or remove the work or, if the owner so elects, to effect such alteration therein as may be necessary to make it comply with building regulations or this Part. (2) If a person to whom a notice has been given under the foregoing provisions of this section fails to comply with the notice before the expiration of the period specified in the notice, or such longer period as the Authority may allow, the Authority or any department or officer of the Government or any contrac tor or officer of the Government or any contractor engaged by any of them may pull down the work, or effect such alterations therein and the Authority may recover from that person the expenses reasonably incurred in so doing as a civil debt. (3) Nothing in this section shall affect the right of the Au thority or of the Attorney General or any other person to apply for an injunction for the removal or alteration of any work on the grounds that it contravenes the building regulations or any pro vision of this Part. 62. ( 1) A person aggrieved by the giving of a notice under section 61 may appeal to the High Court. (2) On appeal under this section, the Court shall ( a) if it determines that the Authority was entitled to give notice, confirm the notice; and (b) in any other case, give the Authority a direction to Withdraw the notice. (3) An appeal under this section shall be brought within 28 days of the giving of notice under section 61 and the notice shall be of no effect pending the final determination or with drawal of the appeal. Power to require removal or alteration of work. Appeal atainst Notices. Commencement and completion notices. Claim for compensation. 63. (I) When a development permit has been issued, no build ing or engineering operations shall be carried out until the de veloper has given notice in writing to the Town and Country Planner of the intention to commence construction. (2) Where the Town and Country Planner has been notified in writing by the developer that permitted building or engineer ing operations have been completed, the Town and Country Planner shall certify if the works have been constructed in ac cordance with the development permit and building regulations. (3) Where a development permit has been granted for the development ofland by way of subdivision and the undertaking of engineering operations in relation thereto, no parcel of land within the approved subdivision shall be transferred under the Registered Land Act unless a completion certificate has been issued under this Act and the Regulations made hereunder in respect of the approved engineering operations. PART VIII COMPENSATION AND ACQUISIDON 64. (I) If on a claim for compensation made to the Minister in the manner prescribed it is shown that ( a) where a development permit has been revoked or modified by notice under section 33 (i) the holder of that permit, or the successor in title to that person, has incurred expenditure necessarily arising out of commencing to de velop or developing in accordance with that permit or has otherwise suffered loss or dam age directly attributable to such revocation or modification; or (ii) any person with an interest in the land or who has lent money on the security of the land, has suffered loss or damage directly attribut able to such revocation or modification~ or that (b) a person has suffered loss or damage by deprecia tion in the value of an interest in land by virtue of (i) the refusal of the Authority, where a building has been destroyed by fire, hurricane or other natural disaster, to allow a building of similar cubic content to be erected in the same posi tion, as near as can be, to the destroyed build ing and for the same purposes for which the destroyed building had been used prior to the fire, hurricane or other natural disaster; (ii) the making of a notice under section 42 re quiring any use ofland to be discontinued or imposing conditions on the continuance thereof or requiring that buildings or works on land be altered or removed; or (iii) the making of an environmental protection area order under section 54; then the Minister shall, subject to the provisions of this Part, pay to that person compensation assessed in accordance with this Part in respect of that expen diture, loss or damage. (2) Compensation payable shall be assessed respect of loss or damage consisting of the depreciation in value of any interest in land directly attributable to the revocation or modification of a development pennit if ( a) the development permitted by the development per mit revoked or modified has not been carried out; or (b) the person claiming compensation acquired an in terest in the land or building to which the develop ment permit relates for valuable consideration, after the grant of that'development permit and such de velopment pennit, at the material time, had not lapsed under the provisions of section 30. (3) For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work, or upon similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out that work. ( 4) No compensation shall be payable under this section in respect of any work carried out before the grant of a develop ment permit which is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in the land) arising out of anything done or omitted to be done before the grant of that permit. (5) If a person has suffered loss or damage consisting of depreciation in the value of an interest in land by virtue of a planning decision referred to in subsection(!), compensation shall be payable in an amount equal to the difference between the value of the interest in the land and what the value would have been if the relevant decision had been a decision to the contrary effect, but no compensation shall be paid under in respect ofloss or damage consisting of depreciation of the value of an interest in land where that value was attributed to use of the land or development thereon which was in breach of plan ning control. ( 6) A claim for compensation alleged to be payable under this Part shall be made in writing to the Minister within six months of the date upon which notice of the decision which gives rise to the claim was served upon the claimant or within six months of the date on which the order was made. (7) When a claim is made under subsection (I), the Minister by written notice served on the claimant, may require the claim ant to provide such further information in support of the claim as may be specified in the notice, and a decision on the claim may be deferred until such further information has been sup plied by the claimant. (8) Where a claim for -compensation has been made to the Minister (a) he shall consult with the Authority, who after mak ing such enquiries as it thinks fit shall submit its own recommendation on the matter to the Minister; (b} where it appears to the Minister that the decision which gave rise to the claim might properly be with drawn or modified, the Minister may refer the matter to the Tribunal for its determination as if the claim for compensation had included an appeal against the decision which gave rise to the claim; (c) where such a claim for compensation cannot be settled through negotiation between the claimant and the Minister, the Minister shall refer the ques tion as to whether any compensation is payable to the claimant, or as to the amount thereof, for deci sion by the High Court, which for the purpose shall be constituted as provided by the Land Acquisition Act, .and the provisions of that Act shall apply mu tatis mutandis to the assessment of compensation payable under this Part as they apply in the case of compensation payable under the Land Acquisition Act. 65. Where any compensation is payable under this Part in respect of the depreciation of the value of an interest in land which is subject to a mortgage ( a) the amount of the compensation payable shall be assessed as if the interest was not subject to the mortgage; (b) a claim for any part of such compensation may be made by any mortgagee of that interest but without prejudice to the making of a claim by the person entitled to the interest; (c) no compensation to which this section applies shall be payable in respect of the interest of the mort gagee (as distinct from the interest which is subject to the mortgage); and ( d) any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mort gagee, or, ifthere is more than one mortgagee, to the first mortgagee, and shall in either case be applied by the mortgagee as if it were proceeds of sale. Position where land is subject t() mortgage. 66. ( 1) Where a claim for compensation is made under sec- Registration of tion 64 notice of that fact shall - claim for compensation. ( a) be recorded in the register of planning applications; and Purchase notice with respect to adverse decisions. (b) be deposited with the Registrar of Land; (2) Notices deposited under this section shall specify ( a) the land to which the claim for compensation re lates; (b) the relevant planning decision, notice, or order to which the claim for compensation relates; and (c) the amount of the compensation and any appor tionment of it among claimants. 67. ( 1) Where any person having an interest in land for which (a) a development permit has been refused and there is available with respect to that land no development permit to which this Act applies; (b) a development permit has been revoked or modified by imposition of conditions; (c) a discontinuance notice has been served under sec tion42; ( d) a public access notice has been made under section 49;or (e) an environmental protection area order has been made under section 53; claims that such land has become incapable of reasonably beneficial use in its existing state) or cannot be rendered capable of reasonably beneficial use by the carrying out of the conditions of the modification or revocation notice, the discontinuance notice or the environmental protec tion area order as the case may be; that person may within the prescribed time an.d in the presctibed manner serve on the Attorney General a purchase notice, requiring the Crown to purchase his or her interest in the land. (2) Where the purchase notice served under subsection (I) relates to the refusal of a development permit, the making of a No. 6of 2003. The Physical Planning Act, 2003. 73 ANTIGUA AND BARBUDA modification or revocation notice or the making of a discontinu ance notice, the Minister may ifhe or she considers it expedient so to do, refer it to the Tribunal for reconsideration of the refusal of grant of a development pennit, the making of the modification or revocation notice or the making of the discontinuance notice. (3) The Minister may ( a) refuse to confirm the purchase notice; or (b) if satisfied that the land has become incapable of reasonably beneficial use in its existing state, or can not be rendered capable of reasonably beneficial use by the carrying out of the conditions of the modification or revocation notice, the discontinu ance notice or the environmental protection area order as the case may be, shall confirm the purchase notice; or (c) instead of confirming the notice (i) grant a development permit to any develop ment application in question; (ii) cancel or amend the modification or revoca tion notice; (iii) revoke or amend the discontinuance notice. PART IX APPEALS 68, (I) There is hereby established an Appeals Tribunal for the purpose of hearing and determining appeals referred to it under this Act. (2) The Tribunal shall be appointed by the Minister and shall consist of ( a) a Chairperson, who shall be a legal practitioner; (b) a Civil Engineer oran Architect or a Town and Coun try Planner ( other than the one appointed undet sec tion 6); Establishment of Appeals Tribunal. (c) two persons who have knowledge and experience of matters relevant to this Act; and (d) one person who has knowledge and experience in environmental matters. (3) A member of the Tribunal shall hold office for a period not exceeding two years but shall be eligible for reappointment upou the expiry of any such period. (4) The names of all members of the Tribunal as first consti tuted and every change in the membership thereof shall be pub lished in the Gazette. (5) The Town and Country Planner shall appoint from the staff of the Authority a secretary to the Tribunal. ( 6) The secretary shall keep a written record of all proceed ings of the Tribunal which shall be confirmed by the chairman. (7) The decisions of the Tribunal shall be by a majority of votes of members present and voting and in addition to an origi nal vote, the chairman shall have a second or casting vote in any case in which the voting is equal. (8) A member of the Tribunal who is in any way directly or indirectly interested in a matter coming before the Tribunal shall declare the nature of his or her interest in the matter as soon as it is practicable to do so, and shall take no part directly or indi rectly in any deliberation, discussion, consideration or similar activity by the Tribunal on that matter. (9) Subject to the provisions of this Part, the constitution and procedure of the Tribunal shllll be such as may be prescribed by the Minister. Right of Appeal. 69. (1) Any applicant, or person other than an applicant, whese interest in land may be affected by a decision of the Authority set out in subsection (2) if dissatisfied with such a decision of the Authority may appeal to the Tribunal against that decision in the manner prescribed hereunder. (2) An appeal shall lie to the Tribunal against any decision made by the Authority under this Act ( a) refusing to grant a development permit; (b) any condition subject to which a development per mit has been granted; (c) refusing consent to display an advertisement; ( d) any condition subject to which consent to display an advertisement has been granted; (e) modifying or revoking a development permit; (f) requiring the completion of a development within a time limit; ( g) refusing a building permit; (h) refusing to relax or dispense with the requirements of the building regulations; (i) imposing a building preservation order; 0) imposing a plant preservation order; (k) making an amenity order, on any of the grounds mentioned in subsection (2) of section 48; (I) issuing an enforcement notice or as to the terms thereof; (m) issuing a notice requiring discontinuance of use or alteration or removal of buildings or works. (3) Subject to any provisions to the contrary in this Act, any person wishing to appeal under subsection (2) shall send a no tice of appeal to the secretary of the Tribunal within~ (a) 42 days of the determination of the decision which is to be appealed against under any one of para graphs (a) to (h) of subsection (2); or (b) 42 days of the date on which the order which is to be appealed against under paragraphs (i) to (k) of sub section (2) was served; or (c) the period specified in the notice as the period at the end of which the notice is to take effect in the case of a notice which is to be appealed against under paragraphs (/) or (m) of subsection (2). (4) Upon receipt ofa notice of appeal, the secretary of the Tribunal shall forthwith send a copy thereof to the Authority. (5) A notice given under subsection (3) shall set out (a) concisely the decision appealed against; (b) a description of the land affected thereby; (c) the name of the appellant; (d) the interest of the appellant in the land affected by the decision; and ( e) concisely the grounds on which the appellant wishes to appeal against the decision. (6) Where notice given under subsection (3) the Town and Country Planner shall forward to the Tribunal ( a) a copy of all papers and documents submitted by the appellant or any person acting on his or her behalf to the Authority; (b) a copy of the decision appealed against; (c) a plan sufficiently identifying the location and boundaries of the land affected by the decision. (7) On receipt ofa copy of the notice given wider subsection (3) the Tribunal shall reject the notice of appeal if (a) it appears notto comply with subsection (5) but the tribunal may give an opportunity to the appellant to rectify the notice within such period as it may determine; (b) the appellant appears not to have any sufficient in terest in land affected by the decision to justify an appeal by that person against the decision. ' (8) The Tribunal shall, in its discretion, direct whether the appeal shall be dealt with by public inquiry or, by written repre sentations and shall, within 28 days of receipt of the notice of appeal, notify the appellant and the Authority accordingly. (9) Unless the Tribunal directs that a public inquiry shall be held in relation to an appeal, the appeal shall be dealt with by written representations. (10) Toe Tribunal shall take the following matters into con sideration before deciding whether the appeal may be dealt with by written representations or by public inquiry ( a) whether the public interest requires that all persons (including the appellant) who may have a view to express in relation to the matter to which the appeal relates should have an opportunity of having their views taken into account of submitting evidence and of examining witnesses called by others; (b) without prejudice to the generality of paragraph {a) whether it would reasonably practicable to deal with the appeal by way of written representations; (c) the nature, scale and location of the development to which the appeal relates. ( 11) Where the Tribunal decides that a public inquiry shall be held, it shall notify the appellant and the Authority of the fact and of the time and place at which the public inquiry shall be held and a notice thereto shall be published in the Gazette. 70. (I) Whenever the Tribunal has directed that an appeal to Appeals by which section 69 relates shall be dealt with by written represen- written tations the secretary to the Tribunal shall send a copy of the representations. direction to the appellant and to the Authority and each of them shall within six weeks thereafter send to the Tribunal and to the other of them such written representations as they wish to make in relation to the appeal (hereinafter referred to as .. written repre sentations"). (2) Within 28 days of the receipt of the written representa tions of the other, or within the six weeks period specified in subsection (I), which ever is the later, the appellant and the Procedure at public inquiries. Authority shall send to the Tribunal and to the other of them in writing such further representations as they may wish to make arising out of the written representations of the other. (3) The Tribunal in deciding an appeal by written representa tions, shall not (a) receive any oral evidence or submissions; or (b) consider any representations in writing other than those provided for by subsections (I) and (2) un less it has given the appellant or the Authority (as the circumstances require) a full and sufficient op portunity of answering them in writing. ( 4) The record to be kept of the proceedings under this sec tion shall contain ( a) a list of the names and addresses of the parties; (b) a summary of the written representations submit ted; (c) a list ofall models, maps, plans, drawings, sketches, diagrams, photographs, petitions, and written state ments submitted with the written representations; (d) the Tribunal's findings of fact in relation to any rel evant matter; (e) a full and clear account of the reasoning of the Tri bunal on which its decision is based; and (j) the decision of the Tribunal on the appeal. (5) The Tribunal acting in its discretion shall, following the expiration of the period specified in subsection (2), decide the appeal and in deciding shall have like powers to those under subsection (I) of section 73 and shall determine its own procedure in relation to appeals by written representations, and the provisions of section 71 shall apply, with necessary modifica tions, to appeals under this section. 71. ( 1) It shall be the primary function of a public inquiry to determine the merits of the appeal having regard to the pur poses of this Act set out in section 3, the need to secure consis tency in the execution of policy, any approved plan relevant to the issues and any other relevant considerations. (2) Subject to the provisions of this Act and any regulations made thereunder, the Tribunal may in its discretion determine the procedure to be followed at any public inquiry directed un der section 71 as.appears to it most convenient to enable the functions referred to in subsection (I) to be fulfilled without being bound to adopt such procedure as might be appropriate in a court provided that the Tribunal shall (a) at all times have regard to the rules ofnaturaljustice in the conduct of the proceedings for the determina tion of the appeal; (b) ensure, when hearing evidence of one party, that the other party has had an opportunity to consider that evidence and to make connnent or representa tion on it. (3) Without prejudice to the generality of subsection (2) (a) there may be given and ,eceived in evidence at a public inquiry any material, which the Tribunal may consider relevant to the subject matter of the in quiry whether or not ii would be admissible in a court of law; (b) evidence at a public inquiry may be given on oath or affirmation or as unswom evidence or partly as sworn evidence and partly as unswom evidence, as the Tribunal may think fit; (c) any interested party may appear in person or may be represented by another person acting with his or her authority and whether or not that other person is a legal practitione,. 72. A record shall be kept of all public inquiries held by the Records of public Tribunal. inquiries. (2) The record under this sectimt shall wntain Decision and notification of appeal. ( a) a list of the names and addresses of all persons heard at the public inquiry and, where any such person was represented by another, the name and address of that representative; (b) a list of the names and addresses of all persons giving evidence at the public inquiry; (c) a summary of the evidence given by each person who gave evidence at the inquiry; (d) a list of alJ exhibits (including models, maps, plans, drawings, sketches, diagrams, photographs, peti tions, and written statements) received in evidence at the inquiry; (e) the Tribunal's fmdings of fact in relation to any rel evant matter; (j) a full and clear account of the reasoning of the Tri bunal on which its decision is based; and (g) the determination of the Tribunal as to the manner in which the appeal should be disposed of. (3) Every record under this section shall be accompanied by alJ documents referred to in paragraph (d) of subsection (2). 73. (I) The Tribunal in deciding whether to allow or dismiss the appeal may ( a) alJow the appeal in whole or in part and quash the decision of the Authority; (b) if it alJows the appeal in part, do so by varying the decision of the Authority in any manner and sub ject to any conditions or limitations it thinks fit, but not so as to impose any condition or requirement the Authority had no power under this Act to im pose when making the decision or taking the actJOn appealed against; (c) correct any procedural defect in the decision or er ror of law in the order of the Authority appealed against; ( d) dismiss the appeal and confrrm the decision of the Authority. (2) As soon as reasonably possible after the decision of the Tribunal the secretary to the Tribunal shall send to the appel lant, to the Authority and to the Minister written notification of the determination of the appeal together with full and clear rea sons for that determination. PART X MISCELLANEOUS AND SUPPLEMENTARY 74. (I) Subject to subsection(2), the Authority, any member Powers of Entry. of the Authority, the Town and Country Planner, or any person authorized by the Authority in writing, may during working hours enter on any land or in any building (a) to carry out any investigation in connection with the preparation of any development plan under the provisions of Part III; (b) to obtain information relevant to the determination of any application for a development permit or for any consent, licence or permit under this Act; (c) to determine whether any breach of planning con trol is being or has been undertaken on the land or in any building thereon; ( d) to determine whether any order or interim order should be made under Part VI or for the exercise of any powers conferred by any such or order; (e) for the purposes of determining whether or not any compensation is payable under Part VIII, or as to the amount thereof; (j) to ensure compliance with the Act and regulations. (2) Any person who enters on any land or building under the provisions of this section, without the consent of the owner or occupier thereof, shall give such owner or occupier not less than twenty-four hours written notice of his or her intention so to do and the intended purpose of such entry-, and if the person entering requires to search and bore for the purpose of examin ing the nature of the sub-soil, that fact shall be stated in the notice. (3) Before exercising any powers under this section, the Town and Country Planner or any other person concerned shall pro vide evidence of identity and authorisation to the occupier or other person who is or appears to be in control of the land or building concerned. ( 4) The powers conferred by this section shall be deemed to extend to pennit the Town and Country Planner or other person concerned to make such examination and inquiries as are neces sary to achieve the purposes for which lhe entry was autho rized. (5) If any damage is caused by reason of the exercise of any right of entry conferred by this section, or in the making ofnny survey for the purpose for which such right of entry \'..:as con ferred, or by the wrongful or negligent use of powers, conferred, or alleged to have been conferred, by this section, the Authority as soon as may be after such entry, shall pay compensation to the person injured thereby. If the amount of such compensation cannot be agreed, the amount payable shall be determined m the same manner as compensation payable under section 64, and the Town and Country Planner shall refer the matter accord ingly, (6) Nothing in subsections (2) or (5) applies in respect of any work or operation which the Minister, the Authority, or any public officer is authorized to do or carry out in relation to any building or land under Part VII and for the purposes of Part VII and those regulations it is declared that the Minister, the Au thority and any public officer has a right to enter on any land or in any building during working hours ( a) for the purpose of ascertaining whether there is, or has been, on or in connection with the premises, a contravention of Part VII of this Act; (b) for the purpose of ascertaining whether or not cir cumstances exist that would authorize or require the Authority to take any action, or execute any work, under Part VII of this Act; (c) for the purpose of taking any action, or executing any work, authorized or required by Part VII of this Act or by notice made under Part VII of this Act; or ( d) generally for the purpose of the perfom1ance by the Authority of its functions under Part VII of this Act. 75. Any notice or other document required or authorized to be given or served under this Act or under any regulation, order, direction or other instrument made under this Act may be served on or given to the person concerned (a) by delivering it to that person; (b) by leaving it at the usual or last known place of abode of that person; (c} by sending it by registered mail addressed to that person at his or her usual or last known place of abode or, where an address for service has been given by that person, at that address; (d) in the case of a body corporate, or other body, by delivering it to the secretary or other officer of that body at its registered or principal office in the coun try, or by sending it by registered mail addressed to the secretary or other officer of that body at that office; (e) in the case of the Crown, by delivering it or sending itby registered mail to the Attorney GeneraL 76. (!)For the purpose of enabling the Minister, the Author ity or the Town and Country Planner to make an order or serve a notice or other document under information the provisions of this Act, the Town and Country Planner may require the owner or the occupier of any premises, and any person who either directly or indirectly, receives rent in respect of any land or premises, to state in writing the nature of his or her interest therein, and the name and address of any other person known to him or her to have an interest therein, whether as a freeholder, mortgagee, lessee or otherwise. Si:rvicc of notice::. Power to requ1re information. Register of planning ~"'Id associated decisions. (2) Any person who, having been required in pursuance of this section to give any such information, without reasonable cause fails to give that information within twenty-eight days of being so required, or such }ongerperiod as the Town and Coun try Planner may allow in any particular case, shall be guilty of an offence and liable on summary conviction to a fine of five hun dred dollars. (3) Any person to whom information has been given under this section, or otherwise under this Act, or who has obtained any information in the course of his or her dudes under this Act, who makes any unauthorized disclosure of that information to any person who is not required to receive that information shall be guilty of an offence and liable on summary conviction to a fine of[ten thousand dollars] or to imprisonment for six months, or to both such fine and imprisonment. 77. (1) The Town and Country Planner shall maintain a regis terofall ( a) applications for development permits; (b) decisions on applications referred to in paragraph (a) and any conditions attached to development permits; (c) notices of modification or revocation of develop ment permits; ( d) compliance notices, stop notices, injunctions and discontinuance notices; (e) public access agreements or notices under sections 49and50; (j) any orders made or notices served under Part VI; (g) applications for building permits; (h) decisions on applications referred to in paragraph (g) and any conditions attached to approvals; (i) development agreements under section 28 and performance bonds under secton 29; (j) purchase notices under section 45; (k) applications for express consent to display adver tisements under section 51; (/) claims for compensation under section 64; (m) decisions on appeals against any decisions made or action taken under this Act; and (n) such other documents as the Town and Country Planner may determine. (2) Any person who so requests shall be provided by the Town and Country Planner with a copy of any entry in the reg ister upon payment of the prescribed fee. (3) The register required to be maintained by subsection(!) shall include an index which shall be in the form of a map and both the registtr and the index may be kept in an electronic data storage and retrieval system whether by use of a computer or otherwise. 78. (I) The Town and Country Planner shall notify the Regis trar of Land, giving full details with respect to the parcels ofland affected, of every ( a) modification or revocation of a development permit; (b) enforcement notice; (c) discontinuance notice; (d) plant preservation order; (e) amenity order; (j) development agreement; (g) claim for compensation; (h) purchase notice. Notification of decisions to Registrar of Land. Death of person having clam or right. Offences. (2) The Registrar of Land shall duly record the matters re ferred to in subsection (I) on the Register of Titles. 79. Any reference in this Act to any person having a claim for or a right to the payment of compensation, or to appeal against any decision given under this Act, upon the death of that person before the determination of the matter at issue, shall be construed as if such reference were a reference to that person's personal representatives. 80. (I) Any person who, without reasonable excuse ( a) fails to comply with the requirements of (i) an enforcement notice issued under section 34; (ii) a notice to discontinue use or to alter or re move buildings or works issued under sec tion 42; (iii) a building preservation order or interim build ing preservation order made under section 44; (iv) a plant preservation order made under sec tion 46; (v) an amenity order made under section 47; or (b) willfully gives false information, relating to any mat ter in respect of which he or she is required to give information under this Act; or (c) obstructs any person in the exercise of any powers or the performance of any duties under this Act; or ( d) fails to comply with any regulations made with re spect to the control of any activities in, or the man agement of, any environmental protection area, shall be guilty of an offence and liable (i) on summary conviction to a fine of five hun dred dollars, and if, in the case of a continuing offence, the contravention is after such con viction, he or she shall be guilty of a further offence and liable to a fine of one hundred dollars for each day on which the contraven tion continues; (ii) on conviction on indictment, to a fine of ten thousand dollars, or to imprisonment for six months, or to both such fine and imprisor.. ment. (2) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the con sent or connivance of any director, manager, secretary or other similar officer of the body corporate, or of any pe•-son who was purporting to act in such capacity, he, as well as the body corpo rate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (3) Proceedings in respect of an offence alleged to have been committed under this Act may be brought, with the approval of the Authority, by the Town and Country Planner, provided that if it is considered that the gravity of the offence requires that it be tried on indictment, proceedings shall only be brought by or with the consent of the Director of Public ProsecL1tions. 81. (1) The Minister may make regulations for carrying into Regulatwns. effect the provisions of this Act. (2) Without derogation from the generality of the power con ferred by subsection (I), such regulations may provide for (a) the form and scope of development plans; (b) the procedures for public representations during the preparation of a plan; (c) the procedures to be followed and the forms to be used in connection with (i) applications for development permits; (ii) consultation on applications for development permits; (iii) enforcement notices; (iv) the modification or revocation of a develop ment pennit; (v) claims for compensation; (vi) purchase notices; ( d) development which may be permitted under sub section (2) of section 18, without the prior grant of a development pennit; (e) the designation of classes of development which are likely to derogate from amenity under section 22; (/) the management and protection of environmental protection areas and the preservation of any form of marine or other wildlife therein; ( g) the procedures for environmental impact assessment and the form environmental impact statements; (h) access to land for recreational purposes and to beaches; (i) fees payable for the purposes of the Act; (j) the qualifications required of persons signing forms, plans and drawings on behalf of any applicant for a development permit and the qualifications required of persons preparing environmental impact state ments; (k) the control of advertisements; (I) the preservation of buildings and plants; (m) the form of the register to be maintained under sec tion 77; (n) building regulations. (3) The Land Development and Control Regulations 1996 are saved and continued in force, notwithstanding the repeal of the Land Development and Control Act hereby, and are deemed lo have been made under this section. ( 4) Regulations made under this section may provide, for the breach thereof, for penalties not exceeding five thousand dollars or imprisonment not exceeding one year. 82. This Act binds the Crown. 83. The Town and Country Planning Act and the Land De velopment and Control Act, are hereby repealed. FIRSf SCHEDULE CONSTITUTION, PROCEDURES AND F1NANCES OF TiiE DEVELOPMENT CONTROL AUfHORITY 1. In this Schedule "Chairman" includes a person elected to act temporarily in place of the chairman; and "Secretary" means the person employed by the Authority to perform the functions of Secretary to the Authority. 2. (I) The Authority shall consist of eleven members, name ly (a) the Town and Country Planner; (b) the Director of Public Works; (c) the Chief Health Inspector; ( d) the Officer in Charge of the Lands Division; ( e) the Chief Surveyor; (j) the General Manager of the Antigua Public Utilities Authority; (g) the Director of Agriculture; (h) the ChiefEnvironmentOfficer; and Effect on the Crown. Repeal of Cap. 432 and Cap. 235. Section 5. Interpretation. Constitution of the Authority. Procedures of the Authority. (i) three persons not holding any public office who have knowledge and experience of matters relevant to physical planning or any other matters relevant to this Act, appointed by the Minister. (2) The Minister shall appoint one of the members appointed under subparagraph(!) (i) to be Chairman of the Authority. (3) A member appointed under paragraph (i) of subsection (1) shall serve on the Authority for a period not exceeding two years, but shall be eligible for re-appointment, provided that no member, save an ex-officio member, shall hold office for a period of longer than six consecutive years. ( 4) The Minister may at any time revo'.<e the appointment of any member appointed under paragraph (i) of subsection ( 1 ). (5) The names of all members of the Authority as first consti tuted and every change of membership thereof shall be pub lished in the Gazette. 3. ( 1) The Authority shall meet at least once in every month and at such other times as may be necessary for the transaction of business, at such places and times and on such days as the Authority may determine. (2) The Chairman shall convene a special meeting of the Au thority within seven days of receipt of a requisition for that purpose addressed to the Chairman in writing and signed by any two members of the Authority, and on any other occasion when he or she is directed in writing by the Minister so to do. (3) The Chairman shall preside at meetings of the Authority at which he or she is present. (4) The members of the Authority may elect one of their num ber to act as Chairman during the temporary absence of the Chairman due to illness, inability to attend, absence from Antigua and Barbuda or any other reasonable cause. (5) At any meeting of the Authority the Chairman and five other members shall form a quorum: Provided that when any ex officio member of The Authority referred to in item (a), (b), (c), (d), (e), (j) or (g) of subsection ( 1) is unable to attend a meeting in person, that member may be represented at the meeting by some other person appointed by the Minister; and Provided further that where any member shall be disqualified by virtue of paragraph 4 from taking part in any deliberation or decision at a meeting of the Authority, that fact shall be disre garded for the purpose of forming a quorum. ( 6) The decision of the Authority shall be by vote of the majority members present and voting and, in addition to an origi nal vote, the Chairman shall have a second or casting vote, in any case in which the original voting is equal. (7) Minutes in proper form of each meeting shall be kept by the Secretary and shall be confirmed by the Chairman as soon as practicable thereafter, at a subsequent meeting. (8) Subject to the provisions of this Schedule, the Authority shall have the power to regulate its own proceedings. 4. (I} A member of the Authority who is in any way, whether Conflict of directly or indirectly, interested in any matter whatsoever with interests. which the Authority is concerned, shall declare that interest at the first meeting of the Authority at which that member is present, after the relevant facts have come to his or her knowledge. (2) A member shall not take part in any deliberation or deci sion of the Authority with respect to any matter with which the Authority is concerned in which he or she has, whether directly or indirectly, any interest. (3) A disclosure made under subparagraph (I) shall be recorded in the minutes of the Authority. (4) Where, owing to the number of members who have de clared an interest in an item of business at a meeting, the Au thority, lacks a quorum, to transact that item of business, that fact shall be recorded in the minutes and reported to the Minis ter. (5) The Minister acting in his or her discretion may grant a dispensation subject to such terms and conditions as he or she shall think fit, to impose, to all or any of the members who have Validation of acts done. Funds and Resources of the Authority declared an interest in an item of business to which subpara graph (4) applies so as to allow that item to be disposed ofatthe meeting of the Authority next following the meeting referred to in subparagraph ( 4 ). 5. The validity of anything done under this Act shall not be affected solely by reason of ( a) the existence of any vacancy in the membership, or any defect in the constitotion of the Authority; (b) an omission or irregularity in respect of meeting any proceedings of the Authority under section 4; (c) the contravention by a member of the provisions of paragraph 4. 6. (1) The funds and resources of the Authority shall consist of ( a) any sums appropriated by Parliament for the pur poses of the Authority; (b) any money paid lo the Authority by way of admin istrative fees, service charges, penalties or fines and all other revenues which may become payable to the Authority pursuant to the provisions of the Act or regulations or any other written law, (c) any sums allocated to the Authority from loan funds; ( d) all other sums payable or property which may in any manner become payable to or vested in the Author ity in respect of any matter incidental to its func tions. (2) Where there is a deficiency in the funds of the Authority that deficiency shall be met out of moneys provided by Parlia ment (3) For the purposes of this paragraph, the expression "loan funds" means any sums made available from time to time to the Government of Antigua and Barbuda by way of a loan. 7. (I) The Authority shall prepare annual estimates of its F;nance of the projected revenues and expenditure to be submitted to the Min- Au th0rity. ister who, ifhe approves the estimates, shall submit them to the Minister of Finance not later than a date specified by the Minis ter of Finance. (2) The Authority shall maintain a general fund into which shall be paid all such moneys as may, from time to time, be placed at the disposal of the Authority for the purposes of this Act by Parliament, and any other moneys lawfully be paid to the Authority; and out of this fund shall be paid all the expenses incurred by the Authority in carrying out its functions under this Act and all other liabilities properly incurred by the Author ity. (3) For the purpose ofregulating and controlling its financial operations, the Authority may, with the approval of the Minis ter, make rules in respect of ( a) the manner in which and the officers by whom pay ments are to be approved; (b) the bank into which moneys of the Authority are to be paid and then designation of any account with the bank; (c) the sum to be retained by the accounting officer to meet petty disbursements and immediate payments and the maximum sum that may be so disbursed for any one payment; ( d) the method to be adopted in making payments out of the funds of the Authority; (e) the level of authority required to write off bad debts in excess of specified sums; and (f) generally as to matters necessary for the proper keep ing and control of the finances of the Authority. (4) The Authority shall keep proper accounts of its funds and the accounts shall be audited annually by the Auditor Gen eral, or by an auditor appointed in each year by the Minister with the written consent of the Auditor General. Custody and authentication of Seal of the Authority. ( 5) The Authority shall not later than six months after the end of each calendar year submit to the Minister an annual report containing ( a) an account of the functioning of the Authority throughout the preceding calendar year in such de tail as the Minister may direct; and (b) a statement of accounts of the Commission audited in accordance with subparagraph ( 4 ). (2) A copy of the annual report together with a copy of the auditor's report shall be printed and laid before Parliament by the Minister. 8. (I) The seal of the Authority shall be kept in the custody of the Corporate Secretary and shall be authenticated by the signa tures of the Chairperson or the Town and Country Planner, and the Secretary, or in such other manner as may be authorized by resolution of the Authority. (2) Every document purporting to be an instrument under the seal of the Authority be received in evidence and deemed with out further proof to be so executed, unless the contrary is proven. SECOND SCHEDULE Section 10 MATJ'ERS FOR WlllCH PROVISION MAY BE MADE IN DEVELOPMENT PLANS PART I ROADS 1. Reservation of land for roads and establishment of public rights of way including public rights of way to beaches. 2. Closing or diversion of existing roads and public and private rights of way. 3. Construction of new roads and alteration of existing roads. 4. The line, width, level, construction, access to and egress from and the gen eral dimensions and character of roads, whether new or existing. 5. Providing for and generally regulating the construction or execution of works incidental to the making or improvement of any road, including the erection of bridges, culverts, gullies, fencing, barriers, shelters, the provision of artificial light ing, and seats and the planting or protecting of grass, trees and shrubs on or adjoining such road. PART II BUILDINGS AND OTIIER STRUCTIJRES I. Regulating and controlling, either generally or in particular areas all or any of the following matters: ( a) the size and height of buildings and fences; (b) building lines, coverage and the space about buildings; (c} the objects which may be affixed to buildings; ( d) the purposes for and the manner in which buildings may be used or occupied including in the case of dwelling houses, the letting thereof in separate tenements; (e) the prohibition of building or other operations on any land, or regulat ing such operations. 2. Regulating and controlling the design, colour and materials of buildings and fences. 3, Allocating any particular land, or all land in any particular area, for buildings of a specified class or classes or prohibiting or restricting either permanently or temporarily, the making of any building or any particular class or classes of build ings on any specified land. 4. Limiting the number of buildings or the number of buildings of a specified class which may be constructed, erected or made, on, in or under any area. PART ID COMMUNTIY PLANNING 1. Providing for the control ofland by zoning or designating specific uses. 2. Regubting the layout of housing areas including density, spacing, grouping and orientation of houses in relation to roads, open spaces and other buildings. 3. Detennining the provision and siting of community facilities including shops, schools, churches, meeting halls, play centres and recreation grounds in relation to the number and siting of houses. PART IV AMENITIES 1. Allocation of lands as open spares whether public or private. 2. Allocation ofland for burial grounds and crematoria. 3. Allocation oflands ( a) communal parks; (b) for wildlife sanctuaries; (c) fortheprotectionofmarine life; ( d) for national parks and environmental protection areas. 4. Preservation of buildings, caves, sites and objects of artistic, architectural, archaeological, historical, or cultural interest. 5. Preservation or protection of forests, woods, trees, shrubs, plants and flow ers. 6. Protection of the coastal zone, designation of marine parks, special resource and special use areas. 7. Prohibiting, restricting or controlling, either generally or in particular places, the exhibition, whether on the ground, or any building or any temporary erection, whether on land or in water, or in the air, of all or any particular fonns of advertise ment or other public notices. 8. Preventing, remedying or removing injury to amenities arising from the ruin ous or neglected condition of any building or fence, or by the objectionable or neglected condition of any land attached to a building or fence or abutting on a road or situate in a residential area. 9. Prohibiting, regulating and controlling the depositor disposal of waste mate rials and refuse, the disposal of sewage and the pollution of ponds, salt ponds, gullies, beaches, the foreshore orterritorial waters. PARf V PUBLIC SERVICES Facilitating the establishment, extension or improvement of works by statutory or other undertakers in relation to power, lighting, water supply, sewerage, drain age, sewage disposal, refuse disposal or other public services. PART VI TRANSPORT AND COMMUNICATIONS I. Facilitating the establishment, extension or improvement of systems of trans port whether by land, water or air. 2. Allocating sites for use in relation to transport and the reservation ofland for that purpose. 3. Providing for the establishment, extension or improvement of telegraphic, telephonic, wireless or radar communication, the allocating of sites for use in relation to such communication, and the reservation of land for that purpose. PART VIl MISCELLANEOUS 1. Providing for and regulating the making of agreements for the purpose of a development plan by the Minister with owners and other persons, and by such persons with one another, 2. Sub-division ofland and in particular, but without restricting the generality'° f the foregoing~ ( a) regulating the type of development to be carried out and the size and form of plots; (b) requiring the allocation ofland for any of the public services referred to in Part V or for any other purposes referred to in this Schedule for which land may be allocated; (c) prescribing the character and type of public services or other works which shall be undertaken and completed by any applicant for pennis sion to sub-divide as a condition of the grant of such permission; ( d) co-ordinating the sub-division of contiguous properties in order to give effect to any scheme of development appertaining to such prop erties. 3. Making any provisions necessary for ( a) adjusting and altering the boundaries and areas of any towns; (b) effecting such exchanges ofland or cancellation of existing sub-divi sion plans as may be necessary or convenient for the purposes afore said. TIIIRD SCHEDUl.E Section 23 MATfERS FOR WlllCH ENVIRONMENTAL IMPACT ASSESSMENT SHALL BE REQUIRED 1. An airport, port or harbour, including a yacht marina; 2. A power plant; 3. A crude oil or refinery facility or a petroleum and natural gas storage and pipeline installation; 4. An incinerator, sanitary landfill operation, solid waste disposal site, sludge disposal site, toxic waste disposal site or other similar site; 5. A wastewater treatment, desalination or water purification plant; 6. An industrial estate development project; 7. An instaUation for the manufacture, storage or industrial use of cement, paints, chemical products or hazardous materials~ 8. A drilling, quarrying, sand mining and other mining operation; 9. An operation involving land reclamation, dredging and filling of ponds; and 10. A hotel or resort complex. Passed the House of Representatives this 13th day of March, 2003. B.Harris, Speaker. S. Walker, Clerk to the House of Representatives. Passed the Senate this 20th day of March, 2003. M. Percival, President. S. Walker, Clerk to the Senate.