SECflON

PARTII.2.3.

PART n4.5.6.

7.

8.

PAR[ m9.!O.II.12.13.14.15.16.

PART IV17.18.19.20.21.22.23.24.25.26.27.28.29.

AN11GUA AND BARBUDA

PHYSICAL PLANNlNG ACT, 2003

NO.60F 2003

ARRANGEMENT OF SECIJONS

PRELIMlNARYShorttitleInterpretationObjects and purposes

ADMINlSTRATIONDuties ofMinislerDevelopment Control AuthorityTownand CountryPlanner,Seeretary, offieersandemployees of the AuthorityExercise of functions ofTown and Country Plan­nerLimitationofpersonal Iiability

DEVELOPMENT PLANSProposal for development planScope and preparation ofde"elopment planConsideration of draft developmenl planApproval of development planRejeetion ofdevelopment planDeposit or approved planModíficatíon or revocation ofa planLegal sratus ofdevelopment plans

CON'fROL OF DEVELOPMENT OF LANDPermission required lo develop landDevelopmentOrdersApplications for development permissionRequirementfor further informationNotification lo landownerPublicity for applicationsEnvironmental impact assessmentConsultation on applicationsMaterial considerationsDetermination of applicationsCondítional of developmenl permitsDevelopment agreementsPerformanee bonds

SECTION

30.31.

32.33.

PARTV34.35.

36.37.38.39.

40.41.42.

PART VI43.44.45.46.47.48.49.50.51.52.53.54.55.

56.57.

PART vn58.59.60.61.62.63.

Lapse of development pennitsSupplementary provisions as to developmentpennitsMinor variation ofdevelopment pennitsModification or revocation ofdevelopment per­mi!

ENFORCEMENTEnforcement noticeMaterial considerations Withrespectto enforce­ment noticesNotice to apply for development pennitSuspensionofeffeet ofenforcement noticeStop noticeAction by Authority for non-compliance with en­forcementnoticeAppeal against enforcement noticeContinuing operation ofenforcement noticeNotice requiring discontinuance of use ar alter­ationarremovalofbuilding orworks

El"o'VIRONMENTAL PROlECTIONCompilation oflist of'buíldingsBuilding preservation ordersPurchase notice with respect to buildingsPIauí preservation ordersAmenity ordersAppeal against amenity ordersPublic access to land for recreational purposesPublic access and right of way lo beachesControl of advertisemenlsSupplementary provisions as to advertisementsEnviromnentalprotection arcaEnvironrnental protection arca arderProvisionswithrespect to land in environmentalprotection areasEnvironrnental protection area, management planMinisterial arder to proteet the environrnent

BUlLDING REGULATIONSBuilding regulationsAppointment ofBuilding InspectorsPassing and rejection of plansPowertorequire removal oralteration ofworkAppeal against notices under section 63Commencement andcompletion notices

SECTION

PARI' VIU64.65.66.et.

PART IX68.ffJ.70.71.72.73.

PART X74.75.76.77.78.79.80.81.82.83.

COMPENSATION AND ACQUlSlTIONClaim for eompensalionPosition where land's subject to rnortgageRegistration ofclaim for compensationPurehase notiee with respect to adverse deeisions

APPEALSEstablisbrnent ofAppeals TribunalRight ofAppealAppeals by written representatíonsProeedure at publie 'inquiriesReeord ofpublie inquiriesDeeision and notifieation of appeal

MISCEILANEOUS & SllPPLEMEN'fARYPowers of entryServiee of noticesPowertorequire informationRegíster of pIanning and associated decisionsNolifieation ofdecisions to Registrar ofLandDeath ofperson having claim or ríghtOffeneesRegulationsEffeet on the CrownRepeals

FlRST SCHEDULEConstitution, proeedures and fínances oflhe De­velopment Control Aulhority.

SECOND SCHEDULEMatters for which provision may be made in de­velopment plans.

THIRD SCHEDULEMatters forwhich envíronmentel impact assess­ment will be required.

[L.s. ]I Assent,

James B. Carlisle,Govemor-General.

24lh March,2003

AN11GUA AND BARBUDA

No. 6 of2003

AN ACT to make provision for the orderly and progressive de­velopment ofland and to preserve and improve the amenitiesthereof; for the grant ofperntission to develop land and forolher powers of control over the use of lhe land; for lheregulation of lhe construction of buildings and other relatedmatters; to confer additional powers in respect of the acqui­sition and development of land for planning; and for pur­poses connected with the rnatters aforesaid.

[ 2nd October, 2003 1

ENACTED by lhe Parliarnent of Antigua and Barbuda asfollows-

PARTI

PRELIMlNARY

1. (I) Thís Act may be cited as lhe Physical Planning Act, Short title.

2003.

(2) This Act or parts thereof shall come into operation onsuch date or dates as may be prescríbed by the Minister bynotice publisbed in the Gazette.

Interpretation. 2. (I) ln this Act, unless the context otherwise requires -

"advertisement" meansanyword, Ietter, model, sign, pIac­ard, board, notice, awning,blind,balloon, device orrepre­sentation, whetherilluminatedornot, in the nature ofandemployed wholly or partly for the purpose of advertise­ment, announcement or direction, or calling attention toany person, matter, object or event (excluding any suchlhing employed wholly as a memorial), and wilhout preju­dice to the foregoing provision, includes any hoarding,billboard, wall, fence, or similar structure used, adapted,designed or intended for use for display of advertisementsand reference to lhe display of advertisements shall beconstrued accordingly;

"agriculture" includes horticulture, fruit growing, seedgrowing, dairy farming, lhe breeding and keeping oflive­stock, (including any creature kept for the production offood, wool, skins or fur or for the purpose of its use infarming the land), lhe use ofland as grazing land, marketgardens and nursery grounds, but does not include theuse ofland for aquaculture;

"amenity order" means an ordermade undersection 47;

"aquaculture" includes the breeding, rearing or keepingoffish, shellfish, or any other aquatic and marine flora andfauna, which involves thepIacingorassembIyofany pen,cage, tank, pond or any other structure on or over anyland for the purposes of aquaculture or mariculture;

"Authority" means the Development Control Authorityestablished underthe provisions of section 5;

"beach material" includes sand, shells, coral fragments,stones, gravel, bouldersorotherunconsolidatedmaterial,comprísing a beach;

"builder" means a person engaged as a contractor or oth­erwíse in the erection, construction, alteration, improve­mentmaintenance or repair ofbuildings orworks inciden­tal to any of the foregoing,

"building" inc1udes anypennanent or temporary erectionarstructure in, on, over or underany land, whetheraffixed

lo lhe land or not, and any part of a building so defmed(but does not inelude planl or machinery comprised in abuilding);

"building operations" íncludes rebuilding operations,structuraI alterations ofor additions lo buildings and olheroperalions norrnally undertaken by a person carrying onbusiness as a builder;

"building or works" includes waste materiaIs, refuse andother matters deposited on land, and references lo lheconstruction of buildingor works shall be construed ac­cordingly;

"buildíng regulations" means reguIations made onder sec­tion 58;

"clearing", in relation lo land, means lhe demolition ofbuildings ar parts lhereof, lhe removal of materials fromland, lhe levelling or grading ofthe surface of'the land, lheremoval of vegetation or top soil and lhe carrying out ofsuch other operations in relatíon thereto as may be pre­scribed;

"Crown land" ineludes lhe waste or vacanl land of lheCrown within Antigua and Barbuda and ali lands vestedin the Crown, whetherby forfeiture,escheat, purchaseDr

exchange, and not dedicated to lhe public;

"completion certificate" meansa certificare that buildingorengineeringoperations arthe subdivisionoflands havebeen carried out and compleled in accordance with lheterms and condítions ofany developrnent permit or build­ing permit granted for the developmenl;

"developer" meansa person, who commencesar carriesout lhe development of land, or on whose behalf suchdevelopment is commenced ar carriedout;

"developmenl permit" means a notice granting permis­sion for deveIopment issued under lhe provisions ofPartIV',

"development plan" means any development plan pre­pared under Part III and includes any modification oramendment thereof, and "plan" means, a developrnentplan where the context 50 admits;

"discontinuance notice" means a notice issued undersec­tion 44;

"dwelling house" means any building used or constructedor adapted to be used as a dwelling unit, but does notinc1ude abuilding containing one Dr more dwelling units,flats, apartments, condominiums ar townhouses, or anyflat, apartment, condominiums ar townhouse contained insuch a building;

"dwelling unit" means a building, Dr any self-containedpar! of a building, used or constructcd or adapted to beused forhumanhabitation by a single individualorhouse­hold;

"engineeringoperations" ínclude the laying out, buildingand maíntenance of roads, drains, runways and bridges,the preparation of land for carrying out of any develop­ment the clearing of land, the dredging of watercourses archannels, the filling of any cavity or excavation and thereclarnation ofland;

"cnforcement notice" means a notice issucd under sec­tion 34;

"environment" means all or any of -

(a) the media ofland, water, and air, including alilayers of the atmosphere;

(b) organic and inorganic malter and living or­ganisms;

(c) lhe interacting systems that include compo­nents referred to in paragraphs (a) and (h),

within the territorial jurisdiction and controloí'lhe country;

"environmental impact assessment" means the process ofcollection, analysis, evaluation and review of inforrnation

on the likely effects of a proposed deve!opment on theenvironment and the means to overcome adverse effectswhich enables the Authority to determine whcthcr devel­opment permission should be granted and with what con­dirions, the procedure for which is prescribed in regula­tions made under this Act;

"environrnenta! impact statement" means the documentar series cf documents which contain the ínformation onthe likely effects ofthe proposed development on the en­vironrnent and the means to overcome adverse effeetsrequired by section 23;

"environmental protectionarea" rneans any area dec1aredto be a11 environrnental protectionareaunder section 54;

"foreshore" means land which lies between the mean lowwater mark andthemean high water mark ofthe tides:

"industrial development" means the deveJopment oflandfor the manufacture ar partial manufacture of goods, ar­neles or substancesofany kind,arthe assemblyofrnanu­factured goods or the tuming into manufactured goods ofarticles which are partially manufactured or of substancesin their natural state, ar the repairing, finishing, cleaning,washing, packing Dr canning, adapting for sale or break­ing up of any article;

"Iand" inc1udes íncorporeal as well as corporeal heredita­roems of every terrore and description and any imeresttherein, land covered with warer, the foreshore and thesea bed;

"lawful use" does not include use of any land which wascornmenced in contravention of the provisions of this Actar of town and country planning, land development andcontroI, beach controI or building legislation hitherto inforce in Antigua and Barbuda;

"layoutplan'' means a detailed plan showíng the mannerin which a parcel ofland is to be subdivided and used;

"rneans of access" includes any road or other means ofaccess for vehicles Dr for pedestrians, whetherprivatearpublic;

Cap. 374.

"mineral" means anysubstance in líquid, solid argaseousfonn oeeurring naturally on, in Drunder land and fonnedby Dr subjeet to a geologieal proeess, but does not in­elude water;

"míning operations" means -

(o) to carry out in relation to any mineral Drbeaehmaterial, any activitywitha view to excavat­ing, working, extracting, carrying away, treat­ing arconverting that mineral;

(b) to seareh or explore for any mineral with aview to carrying out any activity mentionedin paragraph (o) of'this defmition and to earryout any work necessary for such search arexploratíon;

(c) the deposit ofwaste or refuse materiais in con­sequence ofor incidental to any aetivity men­tioned in paragraph (o) Dr (b) of lhis defini­tion;

"Minister" means lhe Minister to whom lhe responsibilityfor physical planning and related matters has been as­signed;

"rnortgage" includes any eharge Dr Iien on any propertyforsecuring moneyormoney's worth;

"owner" in relation to any land meansanyperson who isfor the time being lhe registered proprietor or lhe lessee ofthe pareei ofland under the Registered Land Act;

"pareei of land" means ao area of Iand separately delin­eated under the Registered Land Act;

"permitted development" means development which is au­lhorized under subseetion (2) of seetion 18;

"plant" includes anyterrestrial ormarine flora;

"plant preservation arder" meansa plant preservation or­der made under seetion 48;

"prescribed" except in relation to malters expressly re­quired or aulhorized by this Act to be preseribed in someother way, means prescribed by regulations made underthis Aet;

"purchase notice" meansa purchase notice with respectto adverse decisions namely

(a) refusal of a development peemit in circum­stances where no development permission isavailable wilh respeet to lhat land; or

(b) a revocationar modificatíonnotice; or

(c) a discontinuance notice; Dr

(d) a buildíng preservation order; or

(e) an environmental proteetion area order;

"regulations" meansregulations made under any provi­sion of this Act;

"resources" means anysocial, cultural, historical, techno­Iogieal, biologieal, physieal or chemical elements and pro­cesses, renewable ar non-renewable, tangible ar intan­gible, af economic ar aesthetic importance which com­pose the surroundings of mankind;

"road" means any roadway whether public ar private andinc1udes any highway, street, square, court alley, lane,bridge, culvert footpalh, trace, passage or right of way,whether a thoroughfare or not;

"sea bed" means the floor and subsoil underlying the seabetween low water mark and 50 far outto seaas is deemedby intemalionallaw to be within lhe terrítoriaI sovereigntyof Antigua and Barbuda;

"sub-division" means thedivisionof apareei ofland intotwo armore pareeis, whether such division is by transfer,lease, vesting order or any other instrument, for lhe pur­poseof sale,gift, succession, partition, reparcelation, mort­gage, letting, the registration of title by adverse posses­sion or for any otherpurpose;

ANTIGUA 8ANO

BARBUDA

The Physical Planning Act, 2003. No. 6 of 2003.

"Town and Country Planner" means lhe person appointedas such under section 6;

"Tribunal" means lhe Appeals Tribunal established bysection 68;

"unauthorized development" means any development(olher Ihan permitted development) for whieh a develop­ment permit has not been granted, or development whiehis not in accordance with the conditions ar limitatíonssubject to whieh a developmenl permit was granted;

"use" in relation to land, does not include lhe use of landby lhe earrying out of any building or other operationsthereon;

"waste material" includes garbage, refuse, spoil, mineraltailings, sludge, effluent and anything of whatever kindwhieh has lhe appearanee of being material abandoned,disearded or intended to be abandoned or disearded bylhe owner or former owner Ihereof, or the only value ofwhich appears to be as serap or for lhe utilization ofpartsIhereofor lhe extraetion ofthe residue ofthe substanee ofwhieh it former1yformed parto

(2) ln Part IV of this Act, lhe expression "devclopment ofland" means lhe earrying out ofbuilding, engineering, mining orother operations in, ou, over ar under any laud, the making afany material ehange in lhe use of any building or land or thesub-division ofland, provided that lhe following shall be deemedto eonstitute development -

(a) work for lhe maintenance or other alteration ofanybuilding, iflhe work affeets only the interior Ihereofand does not materially affect lhe external appear­anee of the building;

(b) work earried out by lhe Governrnent for lhe mainte­nance ar improvementofa road;

(c) work carried out with the approval ofthe Govem­ment or by any statutory agency for lhe purpose ofinspecting,repairing or renewing any sewers, waterrnains, electricmams.cables arotherapparatus, in-

cIuding lhe excavation ofany road land for the pur­pose;

(d) the use of any building or other land within the cur­tilage ofa dwel1ing house for purposes incidental tothe enjoyment of that dwelling house as such;

(e) the use of land for the purposes of agriculture orforestry, but not incIuding any building or engineer­ing activity thereon;

(j) lhe erection of gates, fences, wal1sor other means ofenc1osure, notbeing adjacent to a road orthesea,notexceeding six feet three inches in height and not con­structed ofasbestos, plastie, fibre glass or sheet metal;

(g) the enlargement, improvement or other alteration ofa dwelling house, provide Ihat-

(i) lhe square foorage of lhe enlargementdoes not exceed one tenth of the squarefootage ground floor of the house atlhe date of lhe development or of lhehouseatthecommencement ofthis Acr,whichever is the larger;

(ii) lhe enlargement is single story;

(iii) the enlargement is an integral part ofthe existing house;

(iv) the enlargement complies with lhe re­quirements of any pIanning and build­ing regulations for the time being inforce; and

(v) written notiee of intention to carry outsuch work is given to the DevelopmentControl Authority;

(3) The use for the display of an advertisement of any land orofthe externaí part ofa buiIding, whieh is not ordinarily used forrhar purpose, shall be deemed to involve a material change inlhe use of that land or part of lhe building.

Obects andpurposes.

(4) For the avoidance ofdoubt ii is hereby declared lhat-

(a) the use as two or more separate dwelling units, ofany building previously used as one dwelling houseinvolves a material change in the use of that build­ing and of each pari thereof so used;

(b) the deposit ofany waste material on land involves amaterialchange in the use ofthe land, notwithstand­ing that the deposit is on a site which has beenpreviously 80 used, if either the superficial arealhereof or the height of the deposit is thereby ex­tended or exceeds lhe levei ofany similar deposil onadjacent land;

(c) sub-division constitutes development whether ornot lhe use for which the sub-divided land is in­tended constitutes development.

3. The objects and purposes of this Act are to -

(a) facilitate a continuous improvement in the qualityof !ife of every person in Antigua and Barbuda;

(b) provide for lhe orderly, effícient and equitable allo­cation and development of the resources ofAntiguaand Barbuda, taking account of ali relevant socialeconomic and environmental factors, so as to en­sure that sustainable use is made of land in the in­terests of ali lhe people of Antigua and Barbuda;

(c) maintain and improve lhe quality of the physicalenvironment within which human settlements aresituated ín Antigua and Barbuda;

(d) provide for lhe orderly sub-division ofland and theprovision of services in relation thereto;

(e) secure lhe health, safety, welfare and convenienceafpersons 'in ar about buildings and ofothers whomay be affected by buildings or maners connectedwith buildings;

(f) prolect and conserve lhe cultural heritage ofAntiguaand Barbuda as it fmds expression in lhe naturaland lhe built environrnent;

(g) to foster awareness that ali persons andorganisations owning, occupying and developingland have a duty to use that land with due regard forthe wider inrerests, bothpresentandfuture, ofsoei­ety.

(2) ln implementing, applying and interpreting this Act, allpersons shall have regard to, use their best efforts to further andgive a broadand purposive interpretation to the matters set outin subsection (I).

PART II

ADMINISTRATION

4. (1) The Minister is responsible for securing the objectsand purposes set out in section 3 and in the exercise of thepowers conferred on him may do ali things necessary for thepurpose of carrying out his Dr her responslbil. .ies under thisAct,

(2) ln addition to the several duties imposed on him by thisAct, the Minister is responsible for the framing and implementa­tion of comprehensive policies with respect to the use andde­velopment of ali land in Antigua and Barbuda in accordancewith a development plan prepared in accordance with the provi­sions ofPart III and shall in the framing and implementation ofsuch policies have regard to the need to secure consistency.

(3) ln exercising his or her functions, the Minister shall beguided by the principie that the provisions of thís Act shall beapplied uniform1y, fairly and equally to ali persons.

(4) Nothing in this section shall be construed as imposingupon the Minister either directly or indirectly any forrn ofdutyor liability enforceable in proceedings before any Court,

5. (1) There is hereby establíshed a body corporate, to beknown as the Development Control Authority, to carry out suchfunctions as are by this Act conferred upon it.

(2) The constitution, procedures and finances ofthe Author­ity shall be in accordance with the First Schedule.

(3) The Authority shall-

Duties 01' theMinister

DevetoprnenrContraiAuthcrity

First Schedule.

Town and Coun­try Planner, Sec­retary, Officersand employees ofthe Authority.

(a) advance the purposes of this Act as set out in sec­tion 3;

(b) regulate development by the means provided bythis Aet, having regard lo the need to seeure eon­sistency and eonformity with the developmenl plar.,ifany;

(c) regulare the design and eonstruelion of buildmgsand the provision of services, fittings, and equip­ment in or in connection with buildings;

(d) do aH other things necessary for carrying out lhepurposes and provisions of this Act as may be au­thorized by this Acr.

(4) The Authority shall remain ai ali times responsible for lheproper performancc of its functions under this section, but sub­ject lo subsection (1) may, for lhe purpose of such performance.consult with or obtain advice from other authorities, persons arbodies of persons as it thinks fit.

(5) Without restricting lhe generality of subseetion (4), lheAuthority may delegate any ofils duties to the Town and Coun­try Planner.

(6) The Authcrity shall be responsible for the implementa­tion of lhe policies framed by the Minister under and lhe Au­thority shall act in accordance with directions ofa general char­acter whieh may be given by the Minister as to the poliey to befollowed in the exercise of its functions.

6. (1) The Authority may employ at sueh rernuneration andon sueh terms and eonditions as it thinks fit (including the pay­ment of pensions, gratuities ar other like benefits by referenceto lhe servíce of its offieers and employees) a Town and Coun­try Planner, a Seeretary and sueh other offieers and employeesas the Authority considers necessary for the purposes of carry­ing out lhe functions of the Authority:

Provided that no appointrnent shall be made to the offiee ofTown and Country Planner without lhe prior approval of lheMinister.

(2) The Town and Country Planner shalI be lhe ChiefExecu­tive Officer of lhe Authority and shalI exercise the powers andperfonn the duties specificd in subsections (3), (4), (5) and (6).

(3) The Town and Country Planner shalI be responsible tolhe Authority for lhe administration and operation of lhe sys­tem of planning for which this Act provides.

(4) Without restricting lhe generality of subsection (3), theTown and Country Planner shall~

(a) institute, complete, rnaintain and keep under reviewa study of the matters pertinent to planning the useand development of land in Antigua and Barbuda;

(b) prepare or cause lo be prepared developrnent plansin accordance with Part Hi of this ACI;

(c) prepare and submit lo lhe Authcnty and lhe Millis­ter subject repons on matters which the Authorityar the Minister may frcrn time to time consider nec­essary; and

(d) do alI other things necessary for carrying our lhepurposes and provisions of this Act as are autho­rized by this Act.

(5) The Town and Country Planner shall sign and issue alideveloprnentpermits, refusaIs of development permission, en­forcement notices and other documents aurhorized by the Authority to be issued under the provisions of this Act,

(6) The Town and Country Planner has lhe powers conferredupon him by this Act and lhe dutíes that he is required by this Acrar by lhe direction of the Minister or lhe Authoríty lo perforrn.

7. (1) Functions assigned lo the Town and Country Plannerby ar under this Act, other than those mentíoned in subsection(5) of section 6, mal' be exercised by any planning officer autho­rizedby the Town andCountry Planner in writing,either gcncr­ally or specially, in that behalf.

(2) Any person exercising a function assigned to a planningofficer under this Act shall be deemed, for lhe purpose of lheexercise ofthat function,to be theproper officer for the exercise

Excrcisc 01'functions ofTown andCountty Plunncr

Limitation ofPersonalLiability.

Proposal forDeveloprnentPlano

of'that function, if aulhorized in writing by lhe Town and Coun­try Planner ar lhe Aulhority.

8. The Minister, members of lhe Aulhority, lhe Town andCountry Planner or other public officer shall not be personallyliable in any court for or in respect ofany act or matter done, arornítted to be done, in good failh, in lhe exercise or purportedexercise of any function conferred by this Act,

PART fi

DEVEWPMENT PLANS

9. (1) The Town and Country Planner may, and ifso requiredby the Aulhority ar lhe Minister shall, submit to the Ministerproposals for lhe preparation ofa development plano

(2) A proposal for lhe preparation of a development planshall inclnde-

(a) a reasoned statement oflhe need for lhe plan;

(b) lhe main headings of the proposed contents of lheplan;

(c) a suggested timetable for lhe preparation ofthe plan;

(d) proposals for obtaining represcntations from per­sons likely to be affected by ar likely to wish tosubmit representations and views on the proposedplan during lhe course of its preparation;

(e) proposals for lhe review oflhe plan by sectoral agen­cies and private sector representatives; and

(j) such other matters as are required by lhe Ministeror are considered by lhe Town and Couotry Plannerto be necessary for a decision to be made on theproposal.

(3) Where the Minister rejects a proposal submilted underthis sectíon, he ar she may require the Town and Country Plan­ner to submit a fresh or modified proposal for lhe sarne plan or anew proposal for a different plano

10. (I) The Town and Country Planner may prepare or causelo be prepared and Ihereafter keep under review a developmentpJan for Anligua and Barbuda as a whole or for any speeifiedpart of Antigua and Barbuda;

Provided Ihat no developmenl plan shall be prepared by theTown and Country PIanner for an area designated under the SI.John 's DeveIopment Corporalion Act, exeepl for and on benalfof the SI. John's Development Corpcration, under and inaccordance wíth lhe SI. John's DeveJopmenl Corporation Act,

(2) A developmenl plan shall seI out with sueh degree ofparticularity as may be appropriate to the different parts ofAntigua and Barbuda and to lhe nature of the developmentplan-

(a) a statement oflhe principal airns and objectives wilhrespeet to lhe development and other use ofland inthe area;

(b) a report on lhe existing eonditions of lhe area, in­c1uding-

(i) lhe principal physical, social, economic andenvironmental characteristics of the area in­cluding lhe principal purposes for which landis used;

(ii) lhe size, composition and distrihution ofpopu­lationaf the area;

(li) lhe communieations, transport systems andtraffie in lhe area;

(iv) lhe publie serviees and lhe physical and so­cial infrastructure providedin the area;

(v) any other marters whieh may affeet lhe devel­opment and other use of land in the area arwhich the Minister may direet;

(c) a staternent of lhe policies, proposals, andprogrammes for lhe future developmenl and use ofland in lhe area including principles for regulating

Scope andpreparanon ofdevelopmenrplans.

the use and development of land and measures forthe maintenance and ímprovement of the environ­ment;

(d) a reasoned justification of the policies and propos­ais for lhe future development and use ofland in lhearea having regard to -

(i) lhe repor! of the existing conditions of thearea under paragraph (b) of subsection (2);

(ü) ao exarnination oflhe hkely environmental ef­fects of lhe proposals;

(iii) any specific policies oflhe Government whichmay affect lhe partem of development in thearca;

(iv) the relationship between the proposals in theplan and olher previously approved develop­ment plans which may affect lhe area;

(v) the financial and other resources which areIikely to be available for carrying out the pro­posaIs of lhe plan; and

(e) a schedule setting out the stages by which lhe pro­posaIs oflhe plan may be impIemented.

(3) The developrnent plan shail include such maps, plans,drawíngs, diagrams and other graphic representations as theTown and Country Plauner considers neeessary to illustrateand explain the plan.

(4) A development plan may-

(a) define lhe sites ofproposed roads, public and otherbuildings and works, or the alloeation of land foragricultural, residentíal, industrial ar other purposesof any class, and the conditions under which suchdevelopment should be earried out:

(b) designare any area as being an area which, for rea­sons of flooding, erosion, subsidence, instability,

aircrafisafety, or otherhazards,conservation or otherenvironrnental considerations, should not be devel­oped;

(c) make proposals for lhe preservation of buildings,sites and other features for architectural, cultural orhistorical reasons;

(d) provide for any of'the matters set out in the Second Second Schedule.

Schedule as the Town and Country Planner consid­ers appropriate to lhe nature and scope of lhe pro­posed plan;

(e) designate as a comprehensive planning area anyarea which in lhe opinion ofthe Town and CountryPlanner needs to be planned as a whole for one ormore of lhe purposes of development, redevelop­ment, improvement or conservation.

(5) As soon as practicable after the designation of land as acomprehensive planning area, the Town anc Country Plannershall prepare a detailed plan for the relevant area showing themanner in which it is to be developed.

(6) A development plan shall not designate any land as acomprehensive planning areaif it appearsto the Town and Coun­try Planner that lhe acquisition is not likely to take place withinseven years from the date on which the plan is approved.

(7) Where any land is designated by a developrnent plan as acomprehensive planning area, then if at the expiration of sevenyears from lhe date on which the plan, or the amendment oftheplan, by virtue of which the land was first so designated carneinto operation, any of that land has not been acquired by theCrown, any owner of an interest in the land may serve on theAttomey General a notice requiring lhe inlerest of the owner inthe land to be acquired and if, within six months after the serviceof that nolice lhe inlerest of lhe owner in lhe land has not beenso acquired, lhe development plan shall have effect, after lheexpiration of the six months, as if the land in which the saidinterest subsists was not subject to compulsory purchase.

II. (I) ln any case where a draft development plan is whollyar in part for lhe developrnenl of land in an area within lhejurisdiction ofthe Barbuda Council, the Town and Country Plan-

Consideration ofdraft develop­ment plano

ANTIGUA 18AND

BARBUDA

The Physical Planning Act, 2003. No. 60f 2003.

ner shall, before completing the draft development plan, consultwith the Barbuda Council, and shall, before submirting the draftdeveloprncnt plan to the Minister for approval. furnish a copy ofthe draft develcpment plan to the Barbuda Council, for theirconsidcration and representations.

(2; Whcn the Town and Country Planner has prepared a draftdcvclopmcrn plan he shall send a copy to the Ministcr and tomcmbers of the Housc of Represcntativcs and shall deposit acopy at lhe oífices of the Developrncnt Control Authority and atsuch othcr place ar places as the Town and Country Plannerconside.s to be most effective for bringing it to the notice ofpersons residing, working owning propcrty in the arca to whichthe draft devc lcpmcnt plan proposals relates, or thos.e who alelikcly to be affccted by the proposals in the draft developmcntplan:

Providcd always that whcrc the draft developmcnr plan is whollyar in part for the development ofland in Barbuda a copy ofthedevelopment plan shall deposited at the offices ofthe BarbudaCouncil.

(3) The Town and Country Planner shall give notice in theGazctte of the depositing of a draft development plan, and ofthe places wlicre it may be examined, and shall give such otherpublícfty to and writtcn ar oral expIanation ofthe draft develop­ment plan as, ín the Town and Country PIanner's opinion, is bestcalculatcd to infonn alI persons affected ar likely to be affectcdby the proposals in the draft development plan, and ali personsofthe right to rnake representations with regard to the proposalsin the draft development plan,

(4) Prior to subrnission of the developmcnt plan to the Minis­ter, the Town and Country Planner shall hold one or more publicmeetings on the draft development plan or on any part thereof atsuch times and pIaces as the Minister may .direct:

Provided always that where the draft development plan is whollyar in part for the developrnent of land in Barbuda one ar morepublic meetings on lhe development plan shall be held ín Barbudaat such times and places as are appointed after consultationwith lhe Barbuda Council,

(5) The Town and Country Planner shall publish in the Ga­zette and, if it appears to be fit, in any other news media, notice

of the time and place at which any such public meetmg is to beheld, at least seven days prior to the meeting.

(6) Any person rnay, ar a public meeting 'ictd pursuant tosubsection (4), make oral representations 011 thc d-aft develop­ment plan lo rhc Town and Country Planner and ? reccrd of theproceedings of any sueh publie meeting shall be kept by theSeeretary of the Authority, a copy ofwhich shall be furnished tothe Minister as soon as is practicable thereafter.

(7) Any person n-ay, at wíthin eíght wccks ofthe publicationin lhe Gazette of the notice referred to in subscction (2), makewritten representations on the draft devciopmenr plan to tb.:Town and Country Planncr.

(8) When the Town and Country Plann 'r subrnits a draft de­velopment plan for lhe approval of the Minister, ir shall be accompanicd by a statement of the steps taken by t'ie Town anelCountry Planner to comply with the provisionx of this sectionand thc particulars ofthe consultations held wit.i other personswith respect to the proposals in the draft dto . lopment plan.

(9) After lhe expiration of the period prescnbed for makingrepresentations 011 J draft dcvclopmcnt plan, the Town and Coun­try Planner sha11 consider the draft development p.an and thewritten representations and comments made, and sha.l forwardthe sarne together wíth his ar her own recommc-idations andcomments to the Minister.

12. (I) The Minister, after considering a draft developmentplan which has been subrnitted to him ar her under section J l ,and all comments, representations and recommendations madethereon, may accept the draft plan with ar without modifica­tions, or may reject require further work on, or revision of, arrnay require further consultations on the draft plan in whole or inparto

(2) Where, before a draft pIan is accepted, lhe Minister deter­mines that further modifications to, further work on or revisionofar consultations aTI, the draft plan are required, the Ministermay require the Town and Country Planner to undertake suchfurther work, revision or consultation as rnay be necessary andto give such publicity to lhe rnatter as will enable persons likelyto be affected or interested to make representations or com­ments on lhe draít plano

Aoprove.l r)~

Ocvetopmcm~' 'ano

Rejection ofDevelopmentPlano

Deposit ofApproved Plano

Modification orrevocation of aplan

(3) Unless the Minister otherwise directs, the provisions ofsection 11 shall apply to any modifications, work or revisionundertaken by lhe Town and Country Planner under this sec­tion and to lhe re-subrnission ofthe draft plan or any modifica­tion thereof.

(4) Where a draft development plan is submitted to lhe Min­ister under section II and is accepted by the Minister with orwilhout modifications, the Minister shall submit lhe draft devel­opment plan for lhe approval of'Parliamcnt.

13. Where a development plan is rejected by Parliament un­der subsection (4) ofsection 12 lhe Town and Country Plannershall prepare a fresh plan in accordance with section 10,

14. (I) When a development plan has been approved byParliament a copy of it shall be deposited at lhe offices of theDevelopment Control Aulhority, and the substance ofthe planshall be publicized in the area or areas to which it applies, insuch manner as the Minister may directo

(2) Notice ofthe approval ofa development plan and lhe dateon which lhe plan shall come into effect shall be published in lheGuzette.

(3) Copies of a plan shall be available for inspection andpurchase, at ali reasonable times at the offices of the Develop­ment Control Authority, at such price as may be prescribed.

15. (I) The Minister may at any time require lhe Town andCountry Planner to review or prepareproposals for modificationor revocation ofany plan, or any part thereof

(2) Wilhout prejudice to subsection (I), it shall be lhe duty ofthe Town and Country Planner to keep under review the opera­tion ofany plan in lhe light ofchanging circumstances in Antiguaand Barbuda and in lhe area to which it applies, and lhe Townand Country Planner may prepare proposals for lhe modifica­tion of revocation of any plan as he ar she sees fit and shallsubmit the sarne to the Minister,

(3) The provisions of this Act with respect to lhe participa­tion in, preparation, consideration and approval of a develop­ment plan shall apply mutatis mutandis to the participation in,

preparation, consideration and approval of the modification orrevocation ofa plano

16. (I) When a development plan has been approved-

(a) it sha11 be the principal reason for the compulsoryacquisition ofland designated in that approved de­veIopment pIan as a comprehensive planning area;

(b) it sha11 be lhe duty of a11 public officers to have dueregard to, and so far as is practicable, be guided bylhe pIan in formulating aod preparing any project ofpublic investment and development in Antigua andBarbuda;

(c) lhe Authority shall, in coosidering aoy applicationfor development permissíon, give principal consid­eration lo aod be guíded by lhe plao.

(2) Wbeo a plan has been prepared but is not yet approved,paragraphs (b) and (c) of subsection (1) of this sectioo shallapply as if lhe plan bad been approved.

(3) An approved development plao remaios in effecl uotil iI isrevoked by the Minister with the approval of Parliament, bynotice published io the Gazetle.

PARI' IV

CDN1RDL DF DEVEWPMENT DF LAND

17. Notwithstaoding lhe provisions of aoy other law lo lhecontrary, no person shalI cornrnence or carry out any develop­ment of land, except in accordance with a developrnent pennitgraoted under this Act.

18. (J) Provisioo may be made by a developmeol arder grant­ing permission to any class ar classes of development specifiedin the order, either unconditionalJy or subject to such condi­tions Dr lirnitations as may be specified in the order, without therequírement for lhe making ofan application for a developrnentpermit, and any sueh elass of developrnent is hereinafter re­ferred to as pennitted developmeot.

Legal status ofdevelopmentplans.

Permissionrequired todevelop land.

DeveloprnentOrders.

Applications fordevcloprnen t

permits

Requiremcnt forfurthcrinformation.

(2) Provision may be made by a development order for regu­lating the manner in which applications for deveIopment pennitsare lo be made lo and dealt with by lhe Town and CouulryPlanner and lhe Authority.

(3) Every development order shall be subjeel to lhe negativeresolution ofParharnent.

19. (I) An application for a developmcnt perrnit shall includesuch information as may be required by the reguIations, or bydirections given thereunder by the Town and Country Planner,and be-

(a) made in sueh manner as rnay be prescribed by lhereguIations made under section 81;

(h) aecompanied by proof of payment of any applica­tion.fec prescribed by a notice given under this Act;and

(c) submirted to the Authority through lhe Town andCountry Planner.

(2) The Authority may grant approval on a prc1iminary appli­cation for development, expressed to bc outline permission, theeffeet ofwhich shall be to consent in principIe to the develop­ment, subject to the conditions and limitations specified thcrcinand to the subsequent approvaI ofthe Authority with rcgard todetailed pIans and particulars of the development, but not topermit the carrying out of developrnent until a developrncnt per­rnít has been granted.

(3) Where lhe Authority is of the opinion that an applicationfor outline permission ought not to be considered separateIyfrom the detailed information rcquired under subsection (1), itsha11 within one month of the receipt of the application notifythe applicant that it is unable to entertain the application foroutline permission and shall invite the applicant to submit aoappIication for a deveIopment pennit.

20. (1) lfso required by lhe Town and Counlry Planner aflerconsultations with the Chief'Environment Officer by written no­tice, an applicant for developrnent permission shall-

(a) fumish lhe Town and Country Planner, with suchreasonable time as may be prescribcd in the notice,wtth such further information as may be specified inthe notice as the Town and Country Planner consid­ers is necessary to enable the Authoriry to deter­mine the application;

(b) cause aTI environmental impact statemcnt or Ieasi­bility srudy to be p-cparcd of lhe proposed devei­opmcnt anel submiued to the Town and CountryPlanncr.

(2) Where such further information required vnder subsec­tions (I) (a) and (b) is furnished, lhe application sl:all be trcatedas having bcen madc on the date when the information wasteceived and the 90 day period provided for the detcrmination ofapplications in secrion 26 shal1 not cornmence until the date ofrcceipt of the furthcr infoi ntation.

(:.) Whcre an applicant does not furnish the Town and COUll~

try Planner with the further information rcquircd under subscc­tions (l) (a) and (b) within lhe períod prescribed in lhe notice arsuch lcnger pcriod allowed by lhe Town and Country Planner,the Authority may decline to determine the application and mayreturn the application to the applicant with a noticc to that et­fect, or the Authority may refuse to grant development pernus­sion, as it thinks fit.

2 \. (1) Evcry application for a developrnent permit shall beaccompamed by a staterncnt signed by the applicant, ceniryingthat lhe applicant has notified lhe owner of the land lo which theapplication relates ofthe applicants intcntion to make the appli­cation.

(2) Where, within two wceks of the date of lhe application,the owuer of thc land notifies the Town and Country Plannerthat he or she objects to the application, the Town and CountryPlanner shalJ cance! the application and return it to lhe appli­canto

22. (1) Where the Minister has by arder designated certainclasses of develcpmcnt as likely to derogate from the amenitiesaf lhe public, or of adjacent ar nearby properties, and an appli­cation is made for permission to carry out development falling

Nutu'ic ation lir"landownCI

Publicitv forAppticauons.

wilhin a designated class, lhe Town and Country PIanner shallby written notice require the applicant to -

(a) give detaiIs of the application to such persons araulhorities as may be specified in the notice; and

(b) publish details of lhe application at such times, insuch places and in such manner as may be specifiedin the notice.

(2) Without restricting the generality of subsection (1), thenolices referred to in paragraphs (a) and (b) ofthat subsectionshall be served in respect of any application -

(a) for perrnission to deposit, store ar otherwise dealwith toxic or hazardouswaste;

(b) for perrnission to deveIop any manufacturing pro­cess which will involve either direct1y or as waste,the production of toxic or other hazardous sub­stances;

(c) for perrnission to construct buildings or for the useofland for lhe purposes ofanimal husbandry, pIuck­ing ofpouItry, or processing offish, ar as a sIaugh­terhouse;

(d) for perrnission to construct buildings ar for the useof land for lhe purposes of a casino, gambling hall,recreation club, liquor shop, bingo haIl, music hall,dance hall, theatre, cinema or sports hall;

(e) for perrnission to develop land in an environrnentalprotection area; and

(f) forpennission to carryout any development in con­nection withwhichan environrnental impactassess­ment is required.

(3) The Town and Country Planner may, and in respect of anapplication referred to in subseclion (2), publish a notice andaffix a copy of the said notice on the Iand to which the applica­tion relates -

(a) stating that an applicalion lo develop land has beenreceived and will be delerrnined on a dale specifiedin the notice; and

(b) inviting comments and represenlations eilher in writ­ing or orally on such application.

(4) ln delerrnining an applicalion lo which this section re­lates, the Authoritysha11 take into.account any report, represen­tationDr comment submittedin writingor otherwise in relationlo subseclion (I).

23. (1) Subject to the provisions ofthis section, an environ­mental impact assessment sha11 be carried out in respect of anapplication for a developrnent permit for any developrnent setout in lhe Third Schedule.

(2) Notwilhslanding lhe provisions of subseclion (1) lhe Au­lhority may, afier consultation withlhe ChiefEnvironrnenl Officer,require an environrncntal impact assessment in respect of anapplication for permission for any development (other thandevelopment set oul in lhe Third Schedule) where lhe proposeddevelopmenl would be likely lo have significanl effecls on lheenvironrnent having regard to -

(a) lhe nalure of the proposed developmenl;

(b) lhe geographical scale and location ofthe proposeddeveloprnent;

(c) lhe extent of the changes lo lhe environrnenr likelylo be caused by lhe proposed developmenl;

(d) lhe degree of scientific certainty aboul lhe nature oflhe proposed development and its likely impacl onthe environrnent;

(e) any developmenl plan for lhe area;

(f) any othermatter as may be prescribed in theregula­tions.

(3) Aperson who isminded toapply for a development per­mit may ask the Authority to state in writingwhetherin its opin-

EnvironmentalImpactAssessment.

Third Schedule.

ion an environrnental impact assessment would be required inconnection wirh the proposed developmcnt under subsection(2).

(4) Where lhe Authority determines that an environmentalimpact assessment is required, the Authority shall, within 60days of receipt ofan application for a development permit, issuea written notice notifying the applicant ofthe detennination thatan environmental impact assessment is required and setting outthe terms of reference for the preparation of an environrnentalimpact statement on the proposed development and the periodwithin which the environmental impact statement shall be sub­mitted to lhe Authcrity.

(5) Where lhe Authority issues a noticc under subsection (4)that an environrnental impact assessment is required, the appli­cant shall submit to the Authority an environmental impactassessment on the proposed development in such form andcontaining such information as may be prescribed in theregulations.

(6) Where lhe Authority issues a nolice under subsection (4)that an environrnental impact assessment is required, the Au­thority and any other public agency or department, ifrcquestedby the applicant, shall enter into consultation with the applicantto determine whether the agency or department has in its pos­session any infonnation which the applícant or they considerrelevant to the preparation of the environrnental impact state­rnent and, ifthey have, the agency or departmen! shaH make anysuch infonnation available to the applicant.r- provided that theagency or department shall not be required to disclose confi­dential infonnation.

(7) The Authority shall not grant a developmenl pennit pur­suant to an application to which this section applies unless theyhave first taken the environmental impact assessment into ac­CDunt.

(8) Where the Authority issues a notice under subsection (4)notifying the apphcant that an environmental impact assess­ment is required, it shall inform any agency or departmenl ofGovemment having responsibilíty for lhe issue of any licence,permit, approval, consenl or other documenl of aulhorization inconnection with any matter affecting the developmenl and such

agency or department shall not grant sueh licence, permit, ap­proval, consent or other document of authorization as aforesaidunless it has been nolified by lhe Authority that lhe nolice hasbeen complied with and that lhe Authoriry has issued a devel­opment permit in respect of the proposed development.

(9) This Acl does not exernpt any development from thc re­quirements imposed upon any sueh dcveloprnent hy any otherwritten law ar regulation.

(] O) The Minister. on lhe advice of the Authority, may causea rcgister of persons with the qualifications, skills, knowledgeand experience as may be prescribed by regulations made underthis Aet to carry out environmental impact assessments lo becompiled, and a person who is 00 the regisrer shall be dccmed tobe approved by the Minister to prepare environmcntal impactassessments for Antigua and Barbuda.

24, (L) Where an application is made for lhe developmcnt ofany land within the jurisdiction ofthe Barbuda Council, the St.John's Developrnent Corporation ar the Port Authority ar theNational Parks, no development permit shall he issued by lheAuthority unless there has been prior eonsultation between theAuthority and lhe Barbuda Council, lhe SI. John's DevelopmenlCorporation Dr the Port Authority or the National Parks, as thecase may be.

(2) Any govemmental agency or statutory corporation arauthority (including but nor limited to lhe Barbuda Council. lheSt. John's Development Corporation, the PortAuthority and theNational Parks Autharity) ar any public officer ',),,110 reC;31\T:-; arequest in writing frorn the Town and Country Planner for (;);11­

ments an an application for a development permit, shall reply tothal request within 21 days, or othcr such period as may beagreed between lhe Town and Country Planner and that officerar agency, corporation ar authority.

25. (I) ln considering an application for a developmenl per­mil, the Aulhority shall give principal consideration to -

(a) an approved development plan for the whole coun­try, ifany; and

(b) an approved development plan applicable to lhe landlo which lhe application relates, ifany.

Consultation onApplicafions

Materialconsiderations.

(2) ln addition lo lhe considerations referred lo in subsection(I) lhe Authority shall lake into accounl lhe following mallersas appear to be relevant, or as the Town and Country Plannermay advise, in order to make a proper decision on the applica­tion, namely as follows -

(a) any represenlations made by a person with regardlo lhe application or lhe probable effecl of lhe pro­posed developrnent;

(b) an opinion expressed by an authority consulted un­der section 24;

(c) statement ofpolicy issued by lhe Minister;

(d) informalion, study or repor! provided by lhe appli­cant in response to a notice served under section20;

(e) lhe likely impacl of the proposed development onthe natural orbuilt environrnent;

(j) lhe Iikely impacl of lhe proposed development onpublic health and safety;

(g) lhe social and economic costs and benefits Iikely loaccrue to the community as a result ofthe proposeddevelopment;

(h) an applicalion for commercial ar industrial develop­ment,ar for sub-division of land-

(i) any policies on lhe use ofland for agriculturalpurposes which have been issued by lhe Min­isterresponsible for agriculture;

(ü) lhe suitability of lhe land for lhe purposesinlended;

(iü) lhe quality and economy of lhe proposed de­velopment and 1tS desígn;

(iv) lhe proposals made in lhe application for lhemeans of access to, from and within the de-

velopment, and for the provision ofutility ser­vices lo lhe developmenl;

(v) lhe availability ofwater, elecrricity and wastedisposal services;

(vi) traffic considerations;

(i) the financial and other resources which are, orwhichwill be, available lo lhe applicant for lhe develop­ment permission;

(j) lhe area of land required for lhe proposed develop­mcnt,

(k) such other matters as lhe Town and Country Plan­ner considers to be relevant to the determination ofthe particular appiicarion.

26. (I) Where an applicarion is made for permission lo de­velop land in accordance with this Act and any Regulationsmade hereunder, the Authority may-

(a) grant a deveJoprnent permit unconditionally: ar

(b) grant a developmenl permit subject to such condi­tions as it thinks fit; or

(c) refuse pennission.

(2) Within 90 days ofreceipt of the application for a develop­ment permit, the Town and Country Planner shall notify lheapplicant in writing ofthe detennination ofthe application, pro­viding in lhe case ofparagraph (b] or (e) of subsection (1)-

(a) a full and clear slatement of lhe reasons for lhe de­tennination;

(b) infonnation aTI the opportunities available to theapplicant for appeel against the determination.

(3) Where no decision has been made within 90 days of re­ceipt of lhe application, lhe Town and Country Planner shallnotify the applícant oflhe progress made on lhe application and

Dcterrninationof apptications.

Conditionaldeveloprnentperrmts.

lhe extended dale by which lhe decision is likely to be made,being no later than 30 days from lhe date of notification.

(4) Where no decision is made within 90 days ofreceipl of'theapplication and no notification of an extended date has beenissued to lhe applicant that application shall be deemed lo havebeen refused for lhe purposes of paragraph (a) of subsection(2) of section 72.

(5) For lhe avoidance of doubt, ii is hereby declared lhat adevelopmenl permit granled after expiration of the 90 day periodreferred to in subsection (4) is effective as a development perrnitfor ali purposes.

27. (1) Without prejudice lo lhe generality ofparagraph (b)of subsection (I) of scction 26, lhe Authority may impose con­ditions on a development permit which relate to any matter re­ferred to in subsection (2) of section 25 or which arrange for~

(a) regulating lhe manner in which lhe developmenl au­thorized by the permission is to be carried out in­cluding -

(i) lhe timing and phasing of lhe implementationof lhe development;

(ü) lhe dimensions, design, structure, or cxternalappearance ofany buildings ar the numberardisposition ofany buildings on lhe land whichis the subject ofthe developrnent permit:

(iii) the location, design or materiais of construc­tion ofany means ofaccess frorn the develop­menllo a highway;

(iv) lhe disposal of sewage, effluent or trade wastefrom lhe development;

(v) lhe supply of water lo lhe developmenl;

(vi) lhe landscaping of lhe developmenl;

(vii) lhe presentation of lrees, vegetation or othernatural features of lhe land where lhe devel­opment is to take place;

(viii) lhe preservation of any buildings or sites ofimportance to lhe cultural heritage of'the coun­try;

(ix) lhe reservation ofany part ofthe land on whichlhe developmenl is lo take place for roads,opcn space or otherpublic Dr conununal pur­poses reasonably incidental lo the develop­ment;

(x) the nature of the malerials to be used in anybuilding or engineering operations in the de­veIopment;

(XI) lhe routing of any vehicles ar vessels to beused for the purpose of or in connection withlhe development;

(xii) lhe removal of materials ar waste from suchland or adjacenl land used for lhe purposeandthecarrying outofanyworks required forthe reinstaternent restoration,or preservationof the land and the environment when the de­velopment is completed;

(b) regulating the development or use of any Iand un­der lhe ownership ar contrcl of the apphcant(whether or not it is Iand in respect of which lheapphcationwas made,providedthatwhere such landis not included in land which is lhe subject of lhedevelopment permit it shaIl be adjacent to lhe Iandwhich is lhe subject of the development permit) in­c1uding the disccntinuance of any existing uses Df

the land or requiring the carrying out of works in­c1uding the demolition of any buildings on suchland or the removal ofplant andmachinery from theIand 50 far as appears to the Aulhority expedient forthe purposes of or in connection with the dcvclop­ment authorized by the permit;

(c) requiring the removal af any buildings ar works au­thorized by thepennit, ar the discontinuancc ofanyuse ofland so authorizedatthe expirationcfa speci­fied period, and the carrying out of any works re-

quired for lhe reinstatement of lhe land at lhe expioration oi that periad;

(d) regulating lhe use whieh may be made ofany build­ing ar use of land authorized by the developmentpermit notwithstanding an arder made under sub­section (2) of seetion 18;

(e) eontrolling ar prohibiting the display on the landeomprising the development of any advertisementinc1uding the size, shape, colour or locatíon ofanysuch advertisement;

(j) requiring continuous environmental monitoring ofthe deve/opment authorized by the developmentpennit;

(g) regulating lhe hours of work during whieh the de­velopment authorized by the permit may operate;

(h) the retenlion of any existing development ar use ofland to whieh the applieation relates, for a speeifiedperiod;

(i) the payment ofmoney ormoney's worth ar lhe eon­veyanee of land to the Authority in lieu of worksrequired under lhe development pennit;

O) the entering into a performanee bond with the Au­thority to guarantee the implementation of any ofthe eonditions subject to whieh the grant of thedevelopment permit is made.

(2) A condition may be ímposed under this seetion requiringthe developer to carry out any works or other developrnent aTIland (including roads) in the ownership orunder the contraI afthe Crown, even ifthe effeet afilie imposition of such a condi­tion would be to require the developer to carry out works ardevelopment at his ar her own cost for the public benefit.

(3) A development permit granted subject to any such condi­tion as is referred to in paragraph (c) of subsection (1) is in tbisAct referred to as "atemporary developrnent permit."

(4) No claim to eompensation shalllie against lhe Govern­ment, the Minister, the Authority, lhe Town and Country Plan­nerar any otherpublic officer in connectíon with ar arisingoutof lhe grant by the Authority of development permission sub­ject to conditions.

28. (1) The Authority may, on the advice ofthe Town andCountry Planner, and with the eonsent oflhe Minister, and theconsent ofany other governrnent agency who may be a party tothe agreement, enter into an agreement containing such termsand eonditions as it thinks fit with lhe applicant for a develop­rnent pennit Dr with any other person intcrestcd in that land forthe purpose of regulating lhe development of land proposed bylhe applieation.

(2) Wilhout restrieting the generality of subseetion (1), termsand conditions may be included an agreement -

(a) covering any matter in respect ofwhich conditionsmay be imposed on a developrnent permit;

(b] providing for eontribution (whelher ofworks, moneyor land) by the applieant lowards the provision ofservices, facilities (íncluding their future rnainte­nance) and amenines in the arca in which the pro­posed development is to be carried out;

(c) for the provision of seeurity by lhe applieant forensuring due compliance with the agreement.

(3) An agreement made under this section with any pcrsouintercsted in land may be enforeed by the Authority againstpersons deriving title under that person in respecr of that landas ifthe Authority were possessed of adjaeent land and as if lheagreement had been expressed to be made for lhe benefit ofsueh land.

29. (1) Where the Authority requires, in a eondition imposedon a development permit to deveíop land under section 27 Dr asa term of an agreement made under section 28 that an applicantar, as the case may be, a person with whom it makes an agree­ment provide a bond as security for the performance of anyeondition subject to whieh a development pennit was granted orfor the performanee of lhe agreement, the Authority shall re-

DeveloprnentAgreemenrs.

PerformanceBonds.

Lapse 01'devetopmentpcrrrut.

quire a charge on the land to which the permit or agreementrelates as appears to it to be expcdicnr and proper to ensure thatthe bond may be enforced.

(2) The Authority may enforce a bond entered into by anapplicant for permission to develop land under secti-vn Z'Z, ar bya person with whom it has made an agrcernent under scction 28,by all appropriate legal and equitable remedies.

30. (I) Outline permission shall be granred subject to a con­dition that ifno development permit covering the sarne develop­ment has been applied for within one year ofthe grant of outlinepermission, or sueh longer period as may be specified in thegrant of outline permission ar as may be authonzed by the Au­thority in any particular case, that outline permission shall Iapseand cease to have any force or effect.

(2) Where in accordance with the provisions ofthis secticnan outline permission has expired, ao application for a develop­ment pennit in respect ofthat expired outline permission may berefused without any liability to pay compensation under scction64.

(3) A developmentperrnit shall be granted subject to a condi­tion that it shall lapse and cease to have effect if the develop­ment to which it relates has not been completeà within threeyears of the grant of the development permit, or such longerperiod as may be authorized by the Authority in any particularcase.

(4) Where a development perrnit provides for different partsof the development to commence at different times, the provi­sions of this section shall apply to those separate parta of thedevelopment as if a development perrnit was granled for eachseparate par! ar stage of lhe development.

(5) The Authority may serve written notice on a person whohas conunenced, but has not completed, within the time pre­scribed therefor, the development for which permission has beengranted, requiring that person to complete the developmentwithin lhe time specified in such notice, and stating that if lhedevelopment is not completed wilhin lha! period lhe develop­ment permit will cease to have effect after lhe expiration of afurther period specified in lhe notice.

(6) Upon expiration ofthe further period spccificd i11 a noticcserved under subsection (5) the development permu shall ccaseto be valid Dr to have any effect and any further development orwork carned out with respect to that development permir shallbe a brcach of planning control.

31. (1) Without prejudice to the provisions of lhis Pari as tothe lapse ar modificarion ar revocation ofany development per­mit, such permit shall, except in 50 [ar as the pcrmit otherwiseprovides, ensure for the bcncfir ofthe land concerned and of allpersons for the time being entitled to an intcrest ir, thc [an.l.

(2) Where a temporary devclopment pcrmit is g.antcd in accordance with paragraph (e) ofsubscction (11 of sccuon 27, drthe cxpiration ofthc period specificd tbcrcin, the use ofthc 'andfor the purpose for whieh it was uscd bctcrc the grant ot' thctemporary developrnent permit may be resumcd withuut cxprcssgrant 01' a dcvclopment permit only ífthat use -vas a law.ul use.

(3) Where a developmcnt pcrmit is granted for rhe erection ofa building, the permit may specify the purposes for which thebuilding mil)' be used.

(4) A development permit may include permissron, with orwithout conditions, to retain on land buildings ar works con­structed or carried out thereon before thc date of the applica.ionor for the continuance of any use of land institured oefore thatdate (whether without a permit granted undcr -his pari or inaccordancc with a temporary developrnenr perrnit).

(5) A condition in a perruit granted under subsection l,':} mayrequire the applicant to pay a sum ofmaney to the Authonty :0respect of the buildings ar works constructed ar carried outbefore lhe date of the application ar in respect ofany use oflandinstituted before that date.

32. (I) The Town and Country Planner, acting on behalf ofthe Authority, may approve a minor variation to a developmentpennit which in his or her opinion does not alter or affect thetenns and conditions of'the development pennit in any materialrespect and in such event lhe Town and Country Planner shal!infonn lhe Aulhority of lhe action which has been taken in thatparticular case.

SlIrr)·'rlWnt;lfY

provrsrcns as todevelopmcn t

pcruu!s.

Minor vanationof developmentpermu.

Modificanon arrevocation afdevelopmeruperrrut.

(2) Where the Town and Counrry Planner is requested toapprove a variation under subsection (1) but is of the opinionthat the variation proposed is not a minor one the Town andCountry Planner shalI, in writing, inform the applicant that arequest must be submitted to the Authonty for approval of thevariation.

33. (I) Subject to the provisions of this section, if ít appearsto the Authority, aftet considcration of sueh advicc as may bcgiven by the Town and Country Planner that it is desirable thatany grant of developrnenr perrnission ought to be modified orrevoked the Authority may, by wntten notice to the personentitled to the benefit ofthe pcrmit, rcvoke Dr modify the dcvcl­opment permit to sueh extent as it considers desirablc.

(2) The power conferred on lhe Authority by this secuonmay be exerciscd-s--

(a) where the development permit relates to thc carrv­ing out ofbuilding ar other operations, at any timebefore thosc operations have been complctcd,

(b) where the developrnent perrnit relates only to themaking of a material change in the use ofbuilding arother land, at any time before the change has takenplace.

(3) The rnodification Dr revocation of a development permitfor the carrying out of building or other operations shall notaffect 50 much ofthe operations as has heen previously carriedoul.

(4) A notice ofthe rnodification ar revocation of a develop­ment permit under this section shall include-

(a) a statement of the reasons for the rnodification orrevocation;

(b) such directions as the Authority considersnecessary for the bringing to an end anydevelopment to which the notice relates;

(c) inforrnation as lo any claim for compensation thatmay arise in consequence ofthe modification or re-

vocation, and the procedure for making any claimfor compensation;

(ti) infonnation as to the right ofappeal under Part IX ofthis Act; and

(e) such other matters as may be prescribed.

(5) Upon the service of a notice under subseetion (1), to thcextent to which the modification or revocation so requires, thedevelopment pennit concerned shall cease to be valid ar to haveeffect, and any further development or work carried out eontraryto such notice shall be a breach of planning control.

(6) Notwithstanding subscction (5), the Authonty, afrer con­sidering any representations made in respect of sueh a notiee,rnay at any time cancel or withdraw that notice.

(7) An appeal shall Iie, under Part IX against the issue of anotice by the Authority under subseetion (1), or against therefusal ofthc Authority to cancel or withdraw such notice undersubsection (6).

(8) Pending lhe determination ofany such appeal referred toin subsection (7) the notiee concemed shall be deerned to besuspended in its operation, save that any further deveIoprnentor work earried out shall be a breach of planning controI.

PART V

ENFORCEMENT

34. (I) Where it appears to the Town and Country Planuerthat a breach of planning control has taken place, that is tosay-

(a) that any development of land has been carried outwithout a deveIoprnent pennit required under PartN;or

(b) that any conditions or limitations subject to which a

developrnent permit was granted have not been com­plied with;

EnforccrncntNotice

then lhe Authority may within lhe period specified in subsec­tion (2) if it considers it expedicnt to do so, having regard to anydevelopmenl plan applicable lo lhe land where the breach ofplanning control is alIeged lo have laken pIace and lo othermaterial considerations such as are set out in section 25 andsection 36, serve an enforcement noticc in accordance with sub­section (4) requiring lhe breach lo be remedicd.

(2) Where lhe enforcement notice alleges a breaeh of plan­ning control relating to development othcr than the making ofamaterial change in the use of building or other land or thesub-division of land, the period within which a11 cnforccmenrnotice may be served shall be-

(a) in lhe case of development of land a\leged lO havetaken pIace without grant of a development pcrmit.six years from the carrying out of the development;

(b) ln lhe case of non-compliance with a condirion orlimitation, six years from the date ofthe alleged fai1­ure to comply with it.

(3) Where the enforcement noticc allegcs a breach ofplan­ning centre! relating to the making of a material change in thcuse of building ar other land Dr the sub-division of land thereshall be 110 time limit restricting the service of a11 enforccmentnotice under sobscction (I) and in alI other respects the provi­sions of subsection (I) shall appIy.

(4) A copy of tbe enfcrcement notice shall be servcd on lheowner and 00 the occupier ofthe land to which it relates; on anyotherperson having a material interest in the land; on the autho­rized representanves of the aforementioned persons; and onany other person carrying on or in contraI of a person carryingon activiries on the land which are alleged to constitute thebreach of planning control, but lhe fac! that the Authority failsto serve it ao any one ar other ofthe persons mentioned hereinshall not invalidare any action or proceedings against any othcrof such persons.

(5) An enforcemenl notice shall take cffect on lhe date speei­fied in it (in this Par! rcferred lo as lhe "specified date"),

(6) An enforcement notíce shall be servcd nol Iater than 14days from lhe date of issue and not laler than 28 days before lhespecified date.

(7) An enforcement notice shall state clcarly-r-

(a) which breachcs ofplanning control referred to inparagraphs (a) and (b) ofsubsection (1) are allegedto have taken pia ce;

(b) theparticulars ofdevelcpment which appear to con­stitute the breach;

(c) theperson or persons on whom it is served in aCCOt­

dance with subsection \5);

(d) the steps whieh the Authority requires to be takento remedy the breach and a reasonabk: time withinwhich they must be taken;

(e) the powers of the Authority, in case of default "incompliance with the notice, to enter upon the landand take the steps specified in paragraph (d);

(j) the penalties which may be ineurred if the stepsspeeified in paragraph (d) are not taken; and

(g) lhe opportunities whieh are available to the personar persons on whom the copy of the enforcementnotíce was served to appeal the notice.

(8) The steps which the Authority may require to he taken bya person on whom an enforcement notice has been served, toremedy the breach to which the enforcement notice relates, maybe all Drany ofthe following narnely >

(a) to restore land as near as may be to the appearanceand state that it had hefare the breach took placeincluding replacement of soil, planting ar replantingof trees and other vegetation;

(b) to comply with any limitation or condition in a de­velopment permit;

(c) to demolísh or rcmove abuilding in whole or in part;

(<I) to carry out any building Drother operations on theland tu which the notice relates;

Materialconstderationswith respect toenforcementnoticc

(e) to discontinue any use of laud ar buildings;

(f) to remove anything placed on lhe land without adevelopment permit;

(g) to remove any advertisement or to display it in theplace permitted by a development permit;

(h) to remove any unauthorized marks ofidentificationin, on, ar over land which have as their purpose theidcntification of a boundary of a sub-division al­leged to constitute a breach of planning control;

(i) to remove or prevent any damage to the land oramenities of the area which has been or is likely tobe caused by the developmcnt which constitutesthe breach of planning control;

(j) to do ar to refrain from doing or to take or to refrainfrom taking any actions similar to those listed inparagraphs (a) to (i) which would assist in the end­ing of the unauthorized development.

(9) The Authority may-

(a) withdraw an enforcernent notice (withoutprejudiceto its power to issue another one in respect of thcsarne breach ofplanning control ) and shall ifit doesso serve a notice of withdrawal on every personwho was served with a copy of the enforcementnotice;

(b) modify an enforcement notice and if it does so theprovisions ofthis section shall apply to any rnodifi­cation of an enforcement notice made under thissection as they apply to the enforcement notice.

35. (I) ln considering whether ar not an enforcement noticeshall be served the Authority shall take into account such ofthefollowing matters as may be relevant in the circumstances oftheparticular case namely-

(a) any development plan applicable to lhe land wherethe breaeh of planning control is alleged to havetaken plaee;

(6) any statementofpolicy issued by lhe Minister whichis relevant to the development;

(c) the nature and extent oflhe development which con­stitutes lhe alleged breaeh;

(d) lhe extenl or likely extenl ofdamage lo lhe natural orbuiltenvíronment;

(e) lhe extent lo whieh lhe development constitutes anuisance or a threat to public health and safety;

(f) any objeelions and representations made by per­sons in the neighbourhood;

(g) lhe length oflime lhe breach ofcontrol has contin­ued;

(h) lhe expense likely to be involved in cornpliance withthe notice by lhe person who may be, or has been,served with lhe notice and that person's capacity tomeet that expense;

(i) lhe benefits lo lhe community (ifany) resulling fromlhe development;

ú'I any possible alternative measures which could betaken to remedy lhe unauthorized development;

(k) lhe effect of the development on any public WOrKS;

(I) whether it is necessary, desirable and convenienthaving regard to thepublic interest to serve ar con­fiem anenforcement notice;

(m) any othermaterialconsiderations.

36. (1) The Town and Country Planner may, in any case inwhich he or she considers that a breaeh of planning controI hastaken place, by written notice served ou the person ar personsreferred to in subsection (5) ofseclion 35 require that an applica­lion shall be submitted for a deveIopment perrnit and in suchcase the Authority shall refrain from issuing an enforeementnotice if such application for a development perrnit is submitted

Notice to appiyfor developmenrperrmt

Suspension ofeffcct 01'Enforcemcnt

Noncc

Stop Notice

within twenty-eight days of the service of such notice ar suchextendcd period as may be agreed.

(2) Where the Authority decides to grant a devclopment per­mit in respect of an application made in conforrnity with a noticeserved under subsection (1), the Authority may grant that de­veloprnent permit with retrospective effect to the date when thedevelopment commenced, Dr such other date as the Authorityconsiders to be appropriate in the particular case.

37. (1) If, within 28 days of rhc service of the enforeernentnoticc-

(a) an applieation is made to the Authority for a devel­oprnent pennit for the retcnncn on the land of anybuíldings or works to which the enforcement noticerelates, or for the continuance ofany use ofthe landto which the enforcement notice relates; or

(b) notice of an appcal is given under section 69 by aperson cn whom the enforcement notice was served;

the enforcement notice shall be suspended and shall not takeeffect pending the determination of the application or appeal.

38. (1) Where in respect ofany land the Authority has servedan enforcement notice, the Authority rnay, at any time before theenforcement notice takes effeet serve a further notice (in thisAct referred to as a "stop notice") referring to, and having an­nexed to it, a eopy of the enforcement notice and prohibitingany person on whom the stop notice is served from carrying outor continuing any specified operations ou the land, being op­erations either alleged in the enforcement notice to constitute abreaeh ofplanning controI ar so closely associated therewith asto constitute substantially the sarne cperations.

(2) The operations which may be the subject of a stop noticeshall include the deposit of refuse or waste materials on land orcausing enviranrnental damage or actions affecting the healthor safety of persons where such action is a breach of planningcontrol alleged in the enforcement notice.

(3) A stop notice may be served by the AuthoriIy on anyperson who appears to it to have an interest in the land or to be

No. 6 of 2003. The Physicol Planning Act, 2003. 43 ANTIGUAAND

BARBUDA

conccrned with carrying out ar continuance of any operationsthereon.

(4) A stop notice sha11-

(a) take effect fram the date of its service;

(b) without prejudice to subsection (7) cease to haveeffect when-

(i) the enforcement notice to which ir relates iswithdrawn or quashed;

(ü) notice ofthe withdrawal ofthe stop notice isserved under subsection (6).

(5) If a person on whom a stop notice is served carries out, arcauses ar permits to be carríed out any operations prohibited bythe notice, he ar she commits an offence and is liable on sum­mary conviction to a fine not exceeding fifty thousand dollarsand if the offence is continued after conviction he ar she sha11be liable to a furthcr fine not exceeding one thousand dollars foreach day on which the offence continues.

(6) The Authority may at any time withdraw a stop notice(without prejudice to their power to serve another) by servmgnotice to that effeet on tbe person on whom the stop notice wasservcd and the stop notiee shall cease to have effeet as frorn thedate of withdrawal.

39. (1) If a person on whom the notice was scrved falis ct

refuses to take lhe steps required by the enforcement notice toremedy the breaeh ofplanning controI within the period speci­fied in lhe enforcement notice, the Authority may authorize theTown and Country Planner to enter the land with such assis­tance as may be necessary and take those steps in respect of theunauthorízed developrnent to enforce the notice as it may seefil.

(2) When lhe Authority has exercised any power under sub­section (1), it may recover as a civil debt, from the person onwhom the notice has been served, those expenses reasonablyincurred by it in lhe exercise of such power, and ifthat person,having been entitled to appeaI under section 40, has faiIed to

'\ ction byActhcriry fnrnon-ccmphancewith Enforce­rnent Nonce.

Appeal againstenforcementnotice.

Continuingoperaticn ofenforcementnotice.

make such an appeal he or she shall nol be entitled in any pro­ceedings lo dispute lhe validíty of lhe action laken by lhe Au­thority or lhe Town and Country Planner upon any ground thatcould have been entertained on such an appeal.

(3) Nothing in this Part shall be construed as requiring adevelopmenl permit lo be obtained for lhe use of land for lhepurpose for which it cou\d \awfu\\y have been used ifme deve\­opment in respect of which an enforcement notice was servedunder section 34 had not been carried OUt.

40. (1) Ifany person on whom an enforcemenl notice is servedis aggrieved by the enforcernent notice, that person may at anylime within 28 days of lhe service of lhe nolice appeal againslthe enforcement notice under section 69 and on any such ap­peal lhe Trihunal-

(a) if salisfied that a development permit was grantedunder Part IV for lhe developmenl lo which lhe en­forcement notice relates, or that no such permit wasrequired in respect thereof or, as the case may be,that the conditions subject to which such a perrnitwas granted have heen complied with, shall quashthe enforcement notice to which the appeal relates;

(b) if satisfíed that a variation of lhe enforcement no­tice would be appropriate, rnay vary lhe enforce­mentnotice accordingly;

(e) in any other case shall dismiss lhe appeal.

(2) Where the enforcement notice is varied or the appeal isdismissed lhe Aurhoriry may, if it thinks fit, direcl that lhe en­forcement notíce shall not come into force until a date, not beingIater than 28 days from lhe determinanon of lhe appeal.

41. (I) Where any development is carried out hy way ofrcinstating or restoring buildings or works that have beendemolished.or altered in accctdance with anenforcement notice,the enforcement notice shall, notwithstanding that its terrnsareno longer wholly apl for the purpose, be deemed lo apply inrelation to any building or works so reinstated or restored as itapplied 'in relation lo such building or works hefore they weredemolished or altered, and subsection (I) and (2) of section 39shall apply accordingly.

(2) Without affecting the operation of section 39, a personwho carries out any development on Iand by way of reinstatingor restoring buildings or works that have been demolished Dr

altered in contravention af an enforcement notice is liable OD

sununary conviction to a fine oftwenty-five thousand dollars.

42. (1) If it appears to the Authority that it is expedient in theinterests of lhe proper planning of the country (including lheinterests of amenity), regard being had to a development pIanand to any othermaterial considerations -

(a) that any use ofland should be discontinued, or thatany conditions should be imposed on the continu­ance of a use of land; ar

(b) that any buildings or works should be altered orremoved;

the Authority may with the consent of lhe Minister, by notice (in this Act referred to as a "discontinuance notice'') require thediscontinuance of that use, ar impose such conditions as maybe specified 'in thenotice on thecontinuance rherecf Dr requiresuch steps as may be 50 specified to be taken for the alterationDrremoval ofthe buildings or works, as the case may be.

(2) The provisions ofsubsections (4) to (10) ofsection 34inclusive, and the provisions of sections 35,37,39,40 and 41,shall apply to a notice served under subsection (1) in like man­nerto a compliancenotice servedunder section 34, save that~

(a) referencesto anenforcementnotice in those provi­sions shall have effect as if they were referencestoa notiee served under subsection (1);

(b) referenees to a breach ofplanning control shaI! haveeffect as ifthey were referenees to the use ofland orthe buildings or works specified in the notiee servedunder subscction (1);

(c) wherea claim forcompensation hasbeen submittedunder section 64 the provisionofsection 39 (recov­ery of expenses ineurred by lhe Authority, in en­foreing a notice, on non-compliance by lhe recipi­ent ofthe notice) shall be exercisable only by way of

Notice requiringdiscontinuanceof the use oralteration orremova! ofbuilding or works

Compilation of a}isl of bu11àings.

eounterclaim, to offset against lhe said c1aim forcornpensation;

(d) paragraph (a) of subsection (I) of section 40 shallnot apply;

(e) references to "remedy' the breach of'planning con­trol shall have effect as if they were references tothe carrying out of'the acts and works required un­der lhe notice served under subsection (I), and, not­withstanding lhe adoption of the said provisionsfor lhe purposes of this section, ii shall not be im­puted that work previously carried out under a validdeveloprnent pennil shall be retrospectívely deemedunauthorized.

I'ART VI

ENVIRONMENTAL PRoTECTION

43. (I) The Town and Country Planner may, and if so di­rected by lhe Minisler shall cause a survey of the buildings inthe whole or any part of the eountry to be made with a view todetermining if having regard to the importance of preservingthe architectural, cultural arid historieal herítage ofthe eountry,any sueh building m ?art t\lereof or group of buildings of spe­dai arcbitectural or historie interest ought to be preserved orprotected, as hereinafter provided.

(2) The Town and Country Planner shall compile or cause tobe eompiled or adopt lhe compilalion ofa líst ofthe buildings ofspecial architectural or historie interest in any area, and mayarnend, add lo or delere from any sueh list of buildings so com­piled and subrnit that list to lhe Minister for approval.

(3) Before compiling, adopting or amending any list hereun­der, the Town and Country Planner shall consult with the Na­tional Parks Authonry, lhe SI. John's Development Corporationandsuch Gther pers.cmt or bodies ofpersons as appear to him orher appropriate as having special knowledge of, ar interest inbuildings of architectural or historie interest.

(4) As soon as may be aíter the approval of the eompilationof a list or the amendment of a \ist, a notice shall be pubhsbed inlhe Gazette and at least one daily newspaper, ofthe comprlanon

or amendment ofthe Iist aod ofthe place or places where lhe lislmay be inspected,

(5) The Authority shall serve notice on every owner andoccupier of a building whieh has been placed on a list ofbuild­ings informíng them ofthal faet.

(6) Subjeello this section so long as a building (nol being abuilding lo whieh a building preservation order applies) is in­cluded in a list compiled or approved under this section, noperson shallexecuteDr cause orpermit to beexecuted any worksfor lhe demolition of lhe building or for its alteration or exten­sion in any manner which would seriously affect its characterunless no less than 60 days prior lo lhe cxecunon of lhe worksnotification of theproposed works hasbeen given in writing tolhe Authority,

(7) Nothing in subsection (6) shall render unlawful the execu­tion ofany works which are urgently required in lhe interests ofsafety or health or for lhe preservation of lhe building or ofneighbouring property, provided that notice in writing thereofhas been given lo lhe Authority as soon as may be after lhenecessity for the work arises.

(8) Where lhe Authority reeeives notiee of any proposedworks under subsection (6) it shall soon as may be send a eopyof lhe notice to lhe Minister, the Nalional Parks Authority, lheSI. John's Development Corporation and lo sueh other personsor bodies as may be speeified by directions of lhe Ministereither generally or in respect of the building in questiono

44. (I) Where it appears lo lhe Town and Counlry Plannerthal it is desirable having regard lo lhe importance of preserv­ing lhe landseape, architectural, cultural or historical herirage ofthecountryto make provision for thepreservationofany build­ing Dr group of buildings of special architecturaI or historie in­terest in lhe country, lhe Town and Counlry PIanner may for thatpurposemake an ínterimbuilding preservation arder restrictingthe dcmolition, alteration ar extension af the building ar groupofbuiIdings.

(2) For lhe purposes ofthis secrion a group ofbuildings maybe made lhe subject ofa building preservation order ifby reason

BuildingPreservarionOrders.

of'their proximity and relationship to each other ít is eonsidereddesirable that, lhe whole group should be preserved.

(3) A copy of'the interim building preservation arder shall-

(a) be served on every owner and oceupier of'the build­ing ar group of buildings eoncerned;

(b) be affixed in a prominent place on each building towhich lhe arder applies;

(c) specify lhe building or group ofbuildings to whiehit relates;

(d) state the effect of the ínterim arder and when itcomes into effect;

(e) invite lhe owners and oceupiers and any other per­san with an interest in lhe building ar group ofbuild­ings to make representations within 28 days of theservice ar lhe aflixing oflhe interim building preser­vation order.

(4) An interirabuilding preservation arder shall be in force fora period of 90 days and shall cease to have any effect at thetermination ofthatperiod unless it is eonfirmed by the Ministerbefore the termination of that period.

(5) Where an interim building preservation arder has beenmade in respect ofa building or group ofbuildings and while itis in force, any person who executes or causes ar permits theexecution ofany works for the demolition of, alterationaraddi­tion lo ar any other building operalions other than essentiaIrepairs or maintenance on that building ar group of buildingswithout first obtaining permission from the Authority shall beguilty of an offence.

(6) ln eonsidering whether to grant, with or without condi­tions, ar to refuse, permissíon for any demolition, alteration,addition arotherbuildingoperations on, ar in thecurtilageof, abuilding ar group ofbuildings which is the subject ofan interimbuilding preservation arder, in addition to any other matterswhieh under the provisions ofthis Acl, it is required lo take intoaccount, lhe Authority shall have regard lo -

(o) lhe matters mentioned in subsections (I) and (2);

(b) lhe desirability ofallowing such economic activitywithin the building or group ofbuildings as will fa­ciIitate theír continued preservation and use;

(c) lhe quality of architectural design of any proposedadditions to or new buildings within lhe curtilage oflhe building or group ofbuildings.

(7) Notice oflhe service ofan ínterim buiIding preservationorder shall be published in at \east one daily newspaperand oflhe opportuniry for any member of lhe public to make writtenrepresenrations on Dr objections to the interim preservation or­der within 28 days of lhe date of lhe notice.

(8) The Minister may after considering lhe representations ofthe owners and occupicrs and any other representatíon madeunder subsection (7) and lhe comments ofthe Aulhority on anysuch representation, confirm with ar without modifications arcancel lhe interim building preservation order.

(9) An interim building preservatíon order shall frorn lhe dateof the confirmation ar without modifications thereto becorne abuilding preservation order.

(10) Natice of tbe making of a building preservation ordershall be published in the Gazette and at \east one daily newspa­per.

(ll)A building preservation order shaU-

(o) be served on every owner and occupier of the build­ing ot group ofbuildings to which it applies;

(b) specify the buiíding or group ofbuildings rowhichit applies;

(c) state lhe effecr of lhe order and when it comes intoeffect; and

(d) inform the owner and occupier ofthe buiíding orgroup ofbuildings of the opportunities for makingan appeal against the order under section 69.

Purchase noticewith respect tobuildings subjectto a buildingpreservation

crder.

Plant preserva­tion arder.

(12) Where an appeal is made againsl a building preservationorder, lhe order shall remain in fuIl force and effecl notwith­standing lhe making of lhe appeal.

(13) The provisions of subsection (5) apply lo a buildingpreservation order as they apply to an interimbuilding preser­vation arder.

45. (I) Where lhe owner of a building for which a buildingpreservation arderhas been confirmed, claims that -

(a) lhe building has become incapable of reasonablybeneficial use in its existing state; or

(b} lhe building cannot be rendered capable of reason­ably beneficial use by lhe carrying out ofthe condi­tions irnposed by lhe building preservation order;

he or she may within lhe prescribed time and m lhe prescribedmanner serve on theAttomey General a purchase notice requir­ing the Crcwn to purchase his ar her interest in the building.

(2) The provisions of subsection 67 (3) (a) and (b), and (4)shall apply lo a purchase notice served under subsection (I) asíf for lhe word "land" Ihere were substituted lhe word "building"and as if for the words "modification ar revocation notice, thediscontinuance notice, the public access notice or the environ­mental prolection order there were substituted lhe words"building preservation arder".

46. (I) Where lhe Minister, after consultation with lhe Minis­terresponsible forthe environrnent andthe Minister responsiblefor agrieulture, is oftlte opinion that it is desirable for amenity,environmental, landscape, scientific ar similarressoas thatanyplant or group or species of plants, ought to be preserved, lheMinister may make a plant preservation order with respect tosueh planl, group or species of planl.

(2) Any person who witltout lhe permission (witlt or withoutconditions )oflhe Autltority, cuts down, tops, lops, digs up ordestroys lhe plant, group or species of plant, lo which a planlpreservation order applies, is guilty of an offence.

(3) A planl preservation order shall-

(a) be served on lhe owner and occupier oflhe land onwhich the plant, group ar species of'plants, lo whichlhe arder applies is situated;

(b) specify the plant, ar group ar species of plant, towhich it applies;

(c) define lhe position of tne plant, group ar species ofplant, by reference to a map which shall be availablefor inspection at a place specified in lhe arder;

(d) state lhe effect of lhe plant preservation arder andwhen it comes into effeet; and

(e) inform lhe owner and occupier and any other per­san with an interest in the land on which lhe plant argroup ar species ofplant, is situated ofthe opportu­nities for making an appeaI against the plant preser­vation arder.

(4) Where an appeaI is made against a planl preservationarder, lhe arder shall remain in fuH force and effecl nctwith­standíng lhe making of lhe appeal,

(5) No plant preservation arder made under this section shallapply lo lhe cutting down, topping ar lopping of plants Dr treesthat are dying ar dead ar have become dangerous ar lhe cuttingdown, topping or lopping of any plants ar trees in compliancewith any obligation imposed by ar under any Act ar so far asmay be necessary for the prevention or abatement of a nui­sance.

(6) Notice oflhe making of a plant preservation arder shall bepublished in the Gazette.

47. (1) ln any case in which lhe Town and Country Planner Amenily orders.consíders that land is -

(a) unsightly and injurious lo the amenity of lhe area,and visible lo persons using a public highway arany olher area lo which lhe public has a right ofaccess; OI

(b) likely lo be ar is offensive to persons residing in lheimmediate neighbourhood of such land, by reason

of any waste, rubbish, derelict or abandoned ma­chinery or articles or materials of any kind, Dr thedilapidated state ofany s1ruetureor huilding thereon;

he may prepare and suhmit to the Authority a draft amenityorder.

(2) An amenity order shal! state c1early -

(a) the land to whieh it applies, and lhe owner or oeeu­pier thereof;

(b) any maller that is required lo be c1eared;

(c) if screening is required to be carried out, the re­quirements to effect the screening,

(d) lhe time, nol heing less than 28 days from lhe dateof service of the order upon the owner or occupier,for compliance with the order;

(e) in the case ofan orderrequiring clearance, the mat­ter whieh must be destroyed, or the plaee, heing anauthorized plaee for lhe disposal ofrubbish, to whiehit must be removed, as appropriate;

(f) in lhe ease of a huilding, lhe rnanner in whieh lhehuilding is required to be repaired, painted or de­molished, in whole or in part;

(g) where lhe Town and Country Planner is aware thalthe occupier of land to which an amenity order ismade is not the owner, the action that is required tobe taken hy lhe oeeupier and lhe aetion to be takenby the owner.

(3) A draftamenity order prepared hy lhe Town and CountryPlanner under suhseetion (I) shalI be submitted to lhe Author­ity, togelher with a statement by lhe Town and Country Plannerin support of lhe proposed aetion.

(4) The Authority may approve or rejeel lhe draft order.

(5) Where lhe order is approved by lhe Authority, eopiesshall be served on lhe oecupier, or, owner oflhe land eoneemed,

No.6of 2003. The Physical Planning Act, 2003. 53 ANTIGUAAND

BARBUDA

or ifno such person can be found, may be served by affixing acopy ofthe order in a conspicuous place on lhe land concerned.

(6) Ifany person upon whom an amenity order is served failslo comply with the requirements of lhe order within lhe limespecified in that order or any extension thereof approved by lheAulhority, lhe Authority may arrange fOI lhe work to be carriedout aI lhe expense of lhe person who is in default, and mayrecover lhe cost of so doing as a civil debt from lhe person indefault.

48. (l) Any person upon whom an amenity order has beenserved under lhe provisiona of section 47 may appeaI lo lheTribunal constituted under Part IX against lhe making or termsofsuch order.

(2) An appeal made under subsection (I) may be on any ofthe following grounds -

(a) the person upon whom an order has been served isnot an cwner ar occupier of the land to which theorder applies;

(b) the person upon whom the notice has been servedhas no conrrol over and no authority to remove,destroy or demolish any matter or building referredlo in lhe order;

(c) the time wilhin which lhe order must be compliedwith is not reasonably sufficient for the purpose;

(d) lhe work specifíed in the order is unreasonable incharacter ar extent ar is unnecessary,

(e) Ihal having regard lo lhe character and condítion ofland and buildings in lhe immediate neighbourhood,the order is unreasonable.

(3) The Tribunal, upon the hearing of an appeal under thissection may confirm, with or without modificarion, or may quash,in whole or in part, lhe order against which lhe appeal is made.

(4) Where an appeal is made under this seczion, the operationof the order which is lhe subject of the appeal shall be sus­pended pending lhe determination of the appeal.

Appeal againstAmenity crders.

ANTIGUA 54AND

BARBUDA

The Physical Planning Act, 2003. No. 60f 2003.

Public access toland forrecreationalpurposes.

Public Acccssand right of wayto beachcs.

49. (I) Where it appears to the Governar-General, acting onthe advice ofthe Cabinet, that it is desirable Ihatmembers oflhepublic should have access to any unoccupied Crown land foropen air recreation and perambulation on such land, lhe Gover­nor-General may declare by notice in the Gazette that lhe publicshall have access to such land on such terms and condifions asmay be specified in such notíce.

(2) ln any other case, lhe Minister may negotiate an agree­ment for such access with the owner ar tenant thereof, OTI suchterms as may be agreed.

(3) ln any case where the Minister is unable to obtain theagreeroent of the owner or tenant for such access, the Ministermay acquire a right of way over such land in accordance withthe provisions ofthe Land Acquisition Act, as being an interestin land required for public purposes within the meaning of thatAct, and shall confer a public right of access by notice in theGazette on such terms as may be specified in such notice, but insuch case the owner ar tenant of lhe land shall be entitled toreceive compensation from the Crown for the depreciation, ifany, in the value ofhis ar her interest in the land by reason ofsuch right of access by members ofthe publico

(4) Ifagreement cannot be reached in such a case as is men­tioned in subsection (3), as to whether or not any compensationis payable ar as to the amount thereof, the matter shall be deter­mined in accordance with the provisions of the Land Acquisi­tion Act.

(5) The Minister may at any time alter ar amend the terrns onwhich members aflhe public have access to any land under theprovisions of this section, except that where such access hasbeen authorized with the agreement of the owner ar tenant, al­teration of such terms shall only be authorized with the agree­ment of the owner ar tenant.

50. (I) There shall be a! least one public landward access tocvery beach in Antigua and Barbuda.

(2) Where there is no alternative public access, traditionalpublic use of a private landward access through an existingprivate development shall be sufficient grounds for establish­ing a public right of way over that access for lhe purpose ofaccess to the beach by the publico

(3) Where the only laudward access to a beach is through anexisting private development where traditioual public use pur­suant to subsection (2) of this section has not been established,the Crown may acquire lhe right to public use of that beachaccess by gift, negotiation, contract, purchase or lease, compul­sory acquisirion 'in exchange for other property, interest, orfinancial exemption, or by such olher means as lhe Minister mayrecommend, as a condition of issuance of anypermit DI licencerequired under the provisions of any Ac!.

(4) Where land is acquired by way ofcompulsory acquisitionfor a beach access the provisions of lhe Land Acquisition ActshalI apply in respect of such acquisition.

(5) Where a proposed development is likely to adverselyaffect the public's ability to access a beach from lhe landwardside, any development permít shalI require as a condition a land­ward public access through the development at alI times free ofcharge.

(6) ln this section "traditional public use" means peaceable,open and uninterrupted enjoyment for a period oftwenty years.

51. (I) Subject to this section, provision shall be made by Control ofregulations under this Act for restricting ar regulating the dis- advertisements.

play of advertisernents so far as appears to the Authority to beexpedient in lhe interest of amenity orpublic safety, and withoutrestricting lhe generality ofthe foregoing, any such regulationsmay provide -

(o) for reguJating lhe dimensions, appearance and po­sitiou of advertisements that may be displayed, thesites on which lhe advertisements may be displayed,and the manner in which they are to be affixed toland;

(6) for requiring lhe consent oflhe Authority to be oh­tained for lhe display of advertisements, or of ad­vertisement ofany cless specified in the regulations;

(c) for applying ín relatíon to any such consent and toapplications therefor, any ofthe provisions of PartIV relating to permission to develop land and toapplication for deveJopment permits, subject to such

adaptations and modificatíons as may be speeifiedin lhe regulations;

(d) for enabling lhe Aulhority lo require lhe removal ofany advertisemenl that is being displayed in eontra­vention ofthe regulations, orthe discontinuance oilhe use for lhe dísplay of advertisements of any sitethatis being used for thatpurpose in contraventionof lhe regulations, and for lhat purpose for applyingany of lhe provisions of this Part with respeel locompliance notices, subjectto such adaptations andmodifications asmaybe specifiedin the regulations;

(e) for lhe constitution, for the purposes of the regula­tions, of such advísory paneis as may be prescribedby lhe regulations, and for determining the mannerin which lhe expenses of any such panels are lo bedefrayed.

(2) Subjecllo section 52, regulations made under this sectionmay be made so as lo apply lo advertisements thar are beingdisplayed on lhe date on which lhe regulations come into force,or lo lhe use for lhe display of advertiserncnts of any site thatwas being used for that purpose on that date.

(3) Regulations made under this section shall provide forexempting therefrom-

(a) lhe continued display ofany sueh advertisement asreferred to in subsection (2); and

(6) the continued use for lhe display of advertisementsof any such site as referred to in subsection (2),during such period as may be prescribcd in thatbehalfby the regulations, and different periods maybe so prescribed for lhe purposes ofdifferent provi­sions of the regulations.

(4) Regulations made under this section may direct that anyAct, regulalions or bylaws, affecting the display of advertise­ments in force on lhe day when the regulations made under thissection come into operation, shall nol apply to the display ofadvertisernents ín any area lo which lhe regulations made underthis seetion apply.

(5) Regulations made for lhe purpose of this seclion maymake different provisions with respect to different areas and inparticularmay make special provision-

(a) with respect to environrnental protection areas;

(b) with respecl lo areas defmed for lhe purposes oftheregulations as areasof special control, being areaswhich appearto the Minister to requirespecial pro­tection on the grounds of amenity.

(6) ln exercising lhe powers conferred by this section lheMinisler shall-

(a) in lhe inleresls ofamenity, delermine lhe suitabilityof siles for lhe display of adverlisements havingregard lo any developmenl plan applicable lo lhearea and to the general characteristics of the local­ity including the presence of any feature of archi­tectural, historie, cultural ar similar interest andthenatural beauty or scenic value of lhe locality;

(b) in lhe interests of public safety have regard lo lhesafety of persons who may use any road, dock,harbour ar airfield and in particular shall considerwhether any display of advertisements thereon islikely lo hinder or obscure any road or traffic sign orany aid to navigation by airor water.

52. (I) Where lhe display of adverlisemenls in accordancewith regulations made under section 51 involves the develop­menl ofland within lhe meaning ofthis Act a development per­mit for thatdevelopment shall be deemed to be granted by virtueof this section, and no application shall be necessary in thatbehalf under lhe provisions of'Part IV.

(2) Without affecting any provisions included in regulationsmade underparagraph (k) ofsubseclion (2) ofseclion 81, ifanyperson displays an advertisement in contraventionofthe provi­sions of the regulations, he or she is liable on sununaryconvie­tion to a fine of such amount as may be prescribed by the regu­lations, not exceeding five thousand dollars and, in case of acontinuing offence, to a further fine not exceeding five hundreddollars for every day afterthe first day duringwhich the displayis so continued.

Supplement.rryprOVIS;OllS ," lu

adveniscmc., t-:

Bnvironmentalprcteccion arca.

(3) Forthe purposes ofsubsection (2) aud without restrictiugthe generality thereof, a person shall be deemed to display auadvertisement if-

(a) the advertisement is dispIayed ou the land ofwhichhe ar she is the owner ar occupier; ar

(b) the advertisemeut gives publicity to his ar hergoods, trade, business ar other concerns.

(4) A person shall not be guilty ofan offence under subscc­tion (2) by reason only that an advertisement is displayed onland af which he ar she is the owner ar occupier, ar that his arher goods, trade, business ar other concems are gíven publicityby the advertisement ifthat person proves that it was displayedwithout his or her knowledge ar consent.

53. (I) The Town aud Country Plannermay and if so directedby the Minister shall cause a survey to be made of lhe whole arany part ofthe country, either independent1y of ar as part of adevelopment plan made under Part!II of this Act, with a view todetennining whether any area of the country ought to be de­clared an environmental protection arca.

(2) Before finally determining whether to recommend to theMinister that any arca shauld be declared an environmentalprotection area, the Town and Couutry Planner shall--

(a) take such steps as in its opinion will ensure thatadequate publicity is given to its proposals in thearea to which the proposals relate;

(b) provide persons living and working in the area andany other persons interestcd in lhe area with anopportunity of making representations and com­rnents on the proposals;

(c) consult with the Minister responsíble for the envi­ronment and any other person, body or authoritywho appears appropriate as being interested in arhaving special knowledge on environmental mat­ters;

(d) receive and take account ofthe representations andcomments received on lhe proposals.

(3) ln determining whether it is desirable to declare any areaan environmentalprotectionareathe Ministershall have regardto-

(a) the survey prepared under subseetion (I);

(b) any representations or eomments submitted by anyperson, body ar authority OTI the proposals;

(c) sueh ofthe following matters as may be relevant tothe area-

(i) the flora and fauna of lhe area;

(ii) the natural features and beauty of lhe area;

(üi) any outstanding geologieal, physiographieal,ecological, ararchitectural, cultural arhistori­cal features ofthe area which it is desirable topreserve and enhance;

(iv) any special scientific interest in the area;

(v) any speeial natural hazards to whieh the areais or may be subject;

(vi) the characteristics, circumstances and inter­ests of the people Iiving and working in thearea.

(4) Where the Town and Country Planner is ofthe opinionthatany areaought to be dec1ared an environrnental protectionarea he or she shall submit to the Minister -

(a) his or her reeommendations and proposals;

(b) a draft ofthe environmental proteetion area order;

(c) a repor! of the survey made under subseetion (I);and

(d) lhe representations and cornments received on lheproposals.

Environmcnta/prorection arcaarder

54. (I) The Minister shaH eonsider the report of the Townand Country Planner and shalI in deterrnining whether to declareany area to be an enviromnentalprotection areahave regard tothe matters set out in subseetion (3) ofseetion 53.

(2) Wbere the Minister is ofthe opinion that it is desirable toaffordspecial protectionto ali arca on account ofthe matters serout in subseetion (3) of section 55, they rnay by arder declarethat area to be anenvironmental protection arca.

(3) An arder made under subseetion (I) may -

(a) designare any part of an erivirorunental protectionareaas being an area in which, subject to the grantof development permite. only certain developmenrar classes of development may be permitted;

(b) prohibit any development within the area ar anypart thereof;

(e) authorize thecarrying out in theenvironmentalpro­tection area of such works and the doing on theland of such other things as may be expedient forthe protection of the areaas an environmentalpro­tectíon area;

(d) provide for controi over use ofland within an envi­ronrnental protection area for purposes of agricul­ture ar forestry;

(e) without prejudice to the provisions ofPart IV, re­quire that any person who proposes to undertakeany activity ar enterprise (not being an activity aranenterprise involving development) ofa descrip­tion ar caregory as may be prescribed shall, no lessthan 60 days before commencing, notify lhe Au­thority of his ar her proposals and furnish to theAuthority suchdocuments and informarion as it mayrequire;

(f) require lha! environrnenta! impaet assessment beundertaken with respect lo any proposaI for an ac­tivity, enterprise ar developrnent referred to in para­grapbs (a) lo (e);

(g) restnct or prohibit the entry into lhe area of anyperson or the movement of ar any activity carriedout by, any person in the area.

55. ln any case in which private land is included in an arcawhich has been declared to be an environrnental prorection arca,and in which the Minister does not acquire lhe land under theLand Acquisition Act, any person holding any interest in suchland shall be entitled to receive compensation from the Crownfor the depreciation if any, of the value of hís or her interest inthe land consequential upon any restriction irnposed on his Dr

her use Dr inreresr in the land by reason of such declaration,such compensation to be determined in the sarne manner ascompensation payable under section 64, provided that, if agree­ment cannot be reached between the Miníster and the partyconcemed as to whether or not any compensation is payable, aras to the arnount thereof, thc matter shall be determined underthe provisions of lhe Land Acquisition Act.

56. (1) The Town and Country Planner may prepare or causeto be prepared an environmental protection area managementplan with respect to any area declared to be ao environrnentalprotection area under section 54.

(2) The purpose of a plan prepared under this section shall beto set out the cperational policies and measures for the preser­vation, enhancement and management ofthe special features ofthe environmental proteetion area, including as may be relevamto the area to which the order applies. policies and measuresfor-

(a) the preservation of marine and terrestrial flora andfauna including the reguíation af hunting andfishing;

(b) lhe protection of water supplies, water catchmentareas and mineral resourees;

(c) the prevention oferosion, landslips and flooding;

(d) lhe control of fires;

(e) lhe control of pollution;

Provisiona withrespect to land inenvironrnentalprorecnon areas.

Environmenta\protecucn arcamanagementplan.

Ministerial Orderto protect theenvironrnent.

(f) lhe designation of speeial resouree and use areas inthe coastal zone;

(g) lhe use and development of land so as lo sustainthe local economy of lhe environmenta! proleetionarea;

(h) lhe prohibition, restriction or regulation of accesslo any area and lhe prevention of squalting;

(i) lhe development of faeilities for residents and visi­tors for lhe enjoyment of'the special features of theenvironmental protection area;

OJ lhe development offacilities for edueational visits,study and researeh of lhe special features of lheenvironrnental protection area,

57. (!) Where the Minister is satisfied on informalion re­eeived iram lhe Town and Country Planner, that ii is in lhe pub­lie interest for lhe purpose of preventing or mitigating a speei­fied environmental threal or hazard so lo do, lhe Minister mayby order published in lhe Gazette, direel lhe Town and CountryPIanner to take sueh steps as are neeessary lo remove, mitigatear prevent any condition that poses or is Iikely lo pose a threatto the environment and lhe Town and Country Planner shall actin accordance withsuch order.

(2) An arder under subseetion (I) may be made to extend tolhe whole of'the country ar to any part thereof, and may eontainsuch ancillary and suppIementary matters as lhe Minister thinksappropriate for removing, mitigating ar preventing any condi­tion that poses or is likelyjo pose a threat to lhe environment.

(3) An arder made under subseetion (I) shall be subjeet tolhe negative resolution ofParliarnent.

(4) The Town and Country Planner shall cause a eopy ofevery arder made under this section to be posted in a eonspieu­ous plaee at every poliee station and post offiee in the eountry.

(5) Any person who-

(a) obstruets any person in carrying out any measuresaulhorized by an order under subseetion (I); ar

(b) eontravenes any provision of sueh order,

eommits an offenee, and is liable on summary eonvietion beforea Magistrate to arme not exeeeding twenty thousand doUars.

PART VII

BUllDING REGULATIONS

58. (1) The Minister may make regulations hereinafler re­ferred to as 'building regulations" with respeet to the designand eonstruetion of buildings and lhe provision of serviees,fittings and equipment in or in connection with buildings andpartieularly with respeet to lhe foUowing matters-

(a) as to new buildings -

(i) lhe preparation and foundations of the sile;

(ü) the method of construction, structuraJstrength and stability;

(iii) lhe suitability and durability of'the materials,including materiaIs of short life and their pres­ervation from decay and infestation;

(iv) lhe spaee about buildings;

(v) the insulation, lighting and ventilation ofrooms;

(vi) lhe dimensions of rooms and spaces;

(vü) fire preeautions and safety;

(víii) plumbing and water supply;

(ix) drainage;

(x) sanitatíon;

(xi) sewage disposal;

(xii) electrical installations, wiring and supply ofeleetricity, gas installations and piping, andtelecommunications services;

Buildingregulaticns.

(XÜl) Iifts and other mechanical means of convey­ance for access;

(xiv) refuse disposal, storage, treatment and re­moval of waste, and emíssion of noxious oroffensive substances;

(xv) hurricane and earthquake precautions andprotection;

(xvi) rneans cf access lo and egress from build­íngs,

(xvü) Jow cosi housing;

and any malters connected with, or ancillary to, anyof lhe foregoing matters;

(6) as lo existing buildings, structural alterations or ex­tensions lo buildinga;

(c) so far as they relate lo lhe matters rnentioned in thisparagraph, regulations rnade under paragraph (a),may be made lo apply to buildings erected beforelhe date ou which lhe building regulations carneinto force but except as aforesaid shall not apply lobuildings erected before that date; and

(d) generally, for carrying lhe purposcs or provisionsof this Part of lhe Acl into effecl.

(2) Building regulations may-

(a) exempl any building, part of a building or class ofbuilding from any of lhe requirements of lheregulations;

(6) provide for different regulations lo apply lo differ­ent buildings, parts ofbuildings or classes ofbuild­ings;

(c) provide for the ímposition ofor impose conditionsOD any permit to construct a building.

(3) Regulanons made under this secno» may include provi­sions as to-

(a) lhe preparalion ofplans, seclions, specificalions andwritten particnlars;

(b} lhe giving ofnolices and certificates, lhe inspeclionand lesting ofwork, (including lhe power lo requirelhe uncovering of work which has been coveredprior lo Inspeclion), lhe lesting of drains and sew­ers, and lhe taking by lhe Aulhority or a buildinginspector ofsamples of malerials lo be used in lheconstruclion ofbuildings or in lhe execulion ofotherworks; and

(c) lhe prescribing and payment offees.

59. It shaIl be a function oflhe Authority lo enforce buildingregulalions and lhe Aulhority shaIl appoint such persons as itshall deem appropriate, as building inspectors, to assist lhe Townand Country Planner in lhe performance of such funclion.

60. (I) No development permit shaIl be issned in respect ofany building operalions where -

(a) lhe pIans are defective;

(b) lhe building contravenes any provision ofbuildingreguJations; or

(c) lhere is a failure lo comply wilh the provisions oflhis Part, in which case lhe Town and Country Plan­ner shaIl refer lhose plans lo the Aulhority togelherwith arecommendation thereon.

(2) If lhe Town and Country Planner on referring plans in .accordance with subseclion (1) considers that lhe operation ofany requirement contained in building regulations would be un­reasonable in relalion lo lhat particular case, lhe Aulhority mayrelax ar dispense with thatrequirement.

(3) Building regulalions may provide, as regards any require­menl contained in the regulalions, that subseclion (2) shaIl notapply.

(4) Ou receipl of any plans ou a referral by lhe Town andCountry Planner under subsection (I), lhe Aulhority may -

Appointment ofbuildinginspectors.

Passing andrejection ofplans.

(a) reject those plans; or

(b) issue a developrnent permit subject lo either or bothof'the following condítions namely-

(i) that sueh modifications shall be made lo lhedeposited pIans as lhe Authority may speeify;and

(ii) that sueh further plans shall be deposítedwithin sueh lime as lhe Aulhority may speeify;

in order lo bring lhe building into eonformity withbuilding regulations: or

(e) iflhe Aulhmity is advised by lhe Town and Coun­try Planner in lhe manner indicated by subsection(2), it may relax or, dispense with lhe requirementsofbuilding regulations mentioned in that recommen­dation and issue a development permit.

(6) Where lhe Authority refuses lo grant a development per­mil because plans are rejected, lhe notiee of refusal shall statelhe defects on account of whieh, or the building regulation orsection of this Act for non-conformity with whieh, or under lheauthority of which, lhe plans have been rejected.

(7) Where a development permit has been issued by lhe Au­thority in exercise of any power to relax or dispense wíth anyrequirement ofbuilding regulations, or thís Part it shall state lherequirements oflhe building regulations or this Part, relaxed ordispensed with.

(8) Any question arising between lhe Authority or lhe Townand Country Planner and the applieanl as lo whether -

(a) lhe plans are defective; or

(b) or lhe building would contravene lhe building regu­iations or lhis Part; or

(e) a relaxation ofor dispensing with lhe requirementsof the building regulations ought to have beengranted under subseetion (4);

may on appeaI by lhe applicanl be detennined by lhe Tribunal,bul no such appeal may be made unless it is made before lheproposed work has been substantially commenced.

61. (I) Ifany work lo which building regulations apply, con­travenes any provision of this Part ar of the regulations, theAuthority, without prejudice to any prosecution under this Part,may by notice require the owner either to pull down Dr removethe work or, if lhe OWDeT 50 elects, to effect such alterationlherein as may be necessary to make ii comply with buildingregulations ar this Parto

(2) If a person to whom a notice has been given under lheforegoing provisions of lhis section fails lo comply with thenotice before lhe expiration of'the period specified in lhe notice,or such longer period as lhe Aulhority may allow, lhe Authorityar any department ar officer ofthe Govemment ar any contrac­tor or officer of lhe Govemmenl or any contraclor engaged byany of them may pull down lhe work, or effecl such alterationstherein and the Authority may recover from that person theexpenses reasonably incurred in 50 doing as a civil debt.

(3) Nothing in this section shall affecl lhe right of lhe Au­Ihority or oflhe Attomey General or any other person to applyfor an injunction for the removal ar alteration of any work on thegrounds lhat ii contravenes lhe building regulations or any pro­vision of this Parto

62. (1) A person aggrieved by lhe giving of a notice undersection 61 may appeaI lo lhe High Court.

(2) On appeaI under this section, lhe Court shall-

(a) if ii determines that lhe Aulhority was entitled togive notice, confinn the notice; and

(b} in any olher case, give lhe Authority a direction loWilhdraw lhe notice.

(3) An appeaI under this section shall be brought within 28days of lhe giving of notice under sectíon 61 and lhe noliceshall be of no effecl pending lhe final determinalion or with­drawal oflhe appeaI.

Power to requireremoval aralteration ofwork.

Appeal againstNotice s.

Commcnccmentand completionnotices.

Claim forcompensation.

63. (1) When a development permit has been issued, no build­ing or engineering operations shall be carricd out until thc de­veloper has given noticc in writing to thc Town and CountryPlanner of the intention to commence construction.

(2) Where the Town and Country Planner has becn notifiedin writing by the dcveloper that permitted building or engineer­ing operations have becn completed, the Town and CountryPlanner shall certify if the works have becn constructed in ao­cordance with the development pcrmit and building regulations,

(3) Where a development permit has been grantcd for thedevelopment ofland by way ofsubdivísíon and the undertakingofengincering operations in relation thereto, no parcel of landwithin the approved subdivision shall bc transferred under theRegistered Land Act unless a completion certificate has beenissued under this Act and the Regulations made hereunder inrespect of the approved engineering operations.

PART vrn

COMPENSATION AND ACQUlSmON

64. (I) Ifon a c1aimfor compensation made to the Minister inthe manner prescribed it is shown that -

(a) where a development permit has been revoked ormodified by notice under section 33 -

(i) the holder of that permit, or the successor intitle to that person, has incurred expenditurenecessarily arising out of commencing to de­velop or developing in accordance with thatpermit or has otherwise suffered loss or dam­age directly attributable to such revocation ormodification; or

(ü) any person with an interest in the íand or whohas Ient money on the security of the land,has suffered loss or damage directly attribut­able to such revocatíon or modífication; orthat

(b) a person has suffered loss or damage by deprecia­tion in the value ofan interest in land by virtue of-

(i) lhe refusal of'the Aulhority, where a buildinghas been destroyed by fire, hurrieane or olhernatural disasler, lo allow a building of similarcubic content to be erected in the sarne posi­tion, as near as ean be, to lhe destroyed build­ing and for lhe sarne purposes for which lhedestroyed building had been used prior lo lhefire, hurricane arother natural disaster;

(ti) lhe making of a notiee under section 42 re­quiring any use ofland lo be diseontinued orimposing conditions 00 the continuancelhereof or requiring that buildings ar works00 Iand be altered arremoved; or

(iii) lhe rnaking ofan environrnental proleetion areaarder under section 54;

then lhe Minister shall, subjeel lo lhe provisions ofthis Part, pay to that person compensation assessedin accordance withthis Part inrespect of'that expen­diture, loss or darnage.

(2) Compensation payable shaIl be assessed respeet of lossardamageconsistingafthe depreciation invalueofanyinterestin land direetly attributable to lhe revoeation or modíficatíon ofa developmenl permit if-

(a) lhe development pennitted by lhe development per­mit revokedarmodifiedhasnotbeen carried out;ar

(b) lhe person clairning compensation aequired an in­lerest in lhe Iand or building lo whieh lhe develop­ment permit relates for valuable consideration, afterlhe granl of that "developmenl permit and sueh de­velopmenl permit, at lhe material time, had not lapsedunder lhe provisions of sectíon 30.

(3) For lhe purposes oflhis seetion, any expenditure ineurredin lhe preparation of plans for lhe purposes of any work, orupon similar matters preparatory thereto, shaIl be taken lo beincluded in lhe expenditure ineurred in earrying oul lhal work.

(4) No eompensation shaIl be payable under this seetion inrespect of any work earried out before lhe grant of a develop-

rnent pennit which is revoked or modified, or in respect of anyother loss or darnage (not being loss or damage consisting ofdeprecietion ofthe value ofao interest in lhe land) arising out ofanything done or omitted to be done before the grant of lhatpennit.

(5) If a person has suffered loss or damage consisting ofdepreciation in lhe value of an interest in land by virtue of aplanning decísion referred to in subsectíon (I), compensationshall be payable in an amount equal to lhe difference betweenlhe value of the interest in lhe land and whal lhe value wouldha ve been if the relevant decision had been a deeision to theeontrary effect, bul no compensation shall be paid under inrespeet of loss or damage consisting ofdepreeiation oflhe valueof an interest in land where that value was attributed to use oflhe land or development thereon whieh was in breach of plan­ning eontrol.

(6) A claim for eompensation alleged to be payable under thisPar! shall be rnade in writíng to lhe Minister wilhin six months ofthe date upon which notice of the decision which gives rise tolhe claim was served upon lhe clairnant or wilhin six months ofthe date on whieh lhe order was made.

(7) When a claím is made under subsection (I), the Ministerbywrittennotice served ou the c1airnant, may requirethe claím­ant to provide such further infonnation fi support of the claimas may be specified in the notice, and a decísion ou the clairnmay be deferred until such further information has been sup­plied by lhe clairoant.

(8) Where a claim for compcnsation has been made to lheMinister e->

(a) he shaU consult with the Autboriry, wbo after mak­ing sueh enquiries as it thinks fit shall submit itsown recommendationon thematterto the Minister;

(b) where it appears lo lhe Minister thar lhe deeisionwhich gave rise to lhe claim míght properly be with­drawn or modified,theMinister mayreferthe marterto the Tribunal for its detennination as if lhe claimfor compensation had included an appeal againstthe decision wnich gave rise lO lhe clairn;

(c) where such a claim for compensation cannot besettled through negotialion between lhe claimanland lhe Minister, lhe Minisler shall refer lhe ques­lion as lo whelher any compensation is payable lothe claímant, or as to the amount thereof for deci­sion by lhe High Courl, which for lhe purpose shallbe constiruted as provided by lhe Land AcquisitionAct, .and lhe provisions of that Act shall apply mu­tatts mutandis to the assessment of compensationpayable under this Part as they apply in lhe case ofcompensation payable under lhe Land AcquisitionAct.

65. Where any compensation is payable under this Part inrespect of the depreciation of the value of an interest in landwhich is subjecl lo a mortgage -

(a) lhe amounl of lhe compensation payable shall beassessed as if the interest was not subject to themortgage;

(b) a claim for any part ofsuch cornpensation may bemade by any mortgagee of that inleresl but withoutprejudice lo lhe making of a claim by lhe personentitled lo lhe interest;

(c) no compensation lo which this seclion applies shallbe payable in respect of the interest of the mort­gagee (as dislincl from lhe inleresl which is subjecllo lhe mortgage); and

(d) any compensation lo which this section applieswhich is payable in respect of the interest which issubjecl lo lhe rnortgage shall be paid lo lhe mort­gagee,or, ifthereismorethan one mortgagee, to thefirsl mortgagee, and shall in eilher case be appliedby lhe mortgagee as if it were proceeds of sale.

66. (1) Where a claim for compensation is made under sec­tion 64 nolice of that facl shall-

(a) be recorded in lhe regisler ofplauning applications;and

Position whereland is subject te)

mortgage.

Registration ofclairn forcompensanon .

Purchase noticewith respect toadversedecisions.

(b) be deposited with lhe Registrar ofLand;

(2) Notíces deposited under thís section shall specify -

(a) lhe land to which lhe claim for compensation re­lates;

(b) lhe relevant planning decision, notice, or order towhich the claim for compensation relates; and

(e) the amount of lhe compensation and any appor­tionment ofit arnong claimants.

67. (l) Where any person having an interest in land forwhich-

(a) a development permit has been refused and there isavailable wilh respect to that land no developmentpermit to which this Act applies;

(b) a development permit has been revoked or modifiedby irnposition of conditions;

(e) a discontinuance notiee has been served under sec­tion42;

(d) a public access notice has been made under section49;or

(e) an environmental protection area order has beenmade under section 53;

claims that such land has become incapable ofreasonablybeneficial use in its existíng state, ar cannot be renderedcapable of reasonably beneficial use by lhe carrying outoftheconditions ofthe modification or revocation notice,the discontinuance notice or the environrnental protec­tion area arder as the case maybe; that person maywithintheprescribed time an.d in fueprescribed mannerserve onthe Attorney General a purchase notice, requiring theCrown to purchase his ar her interest in the land.

(2) Where lhe purchase notice served under subsection (I)relates to lhe refusal of a development permit, the making of a

No.60f 2003. The Physical Planning Act, 2003. 73 ANTIGUAANO

BARBUDA

rnodification arrevocation noticearthemaking of adiscontinu­ance notice, lhe Minister may ifhe or she considers it expedientso to do, refer it to lhe Tribunal for reconsideration oflhe refusalofgrant of a development permit, lhe making oflhe modificationorrevocatíon noticear themaking afilie discontinuance notice.

(3) The Minister may-

(a) refuse lo confum lhe purchase notice; or

(b) if satisfied that lhe land has become incapable ofreasonably beneficial use in its existing state, or can­not be rendered capable of reasonably beneficialuse by the carrying out of lhe conditions of themodification or revocation notice, the discontinu­ance notice ar the environmental protection arcaorder as lhe case may be, shall confirm lhe purchasenotíce; ar

(c) instead ofconfirming lhe notice-

(i) grant a developmenr pennit to any develop­ment application in question;

(ü) canceI or amend lhe modification or revoca­tion notice;

(iii) revoke or amend lhe discontinuance notice.

PART IX

APPEALS

68. (I) There is hereby established an Appeals Tribunal forthe purpose of hearing and determíning appeals referred to itunder this Act,

(2) The Tribunal shall be appointed by the Miníster and shaUconsist of-

(a) a Chairperson, who shall be a legal practitioner;

(b) a Civil Engineer or an Architect or a Town and Coun­try Planner (other than lheone appointed under sec­tion 6);

Establishment afAppeats Tribunal.

(c) two persons who have knowledge and experieneeof matters relevant to lhis Act; and

(d) one person who has knowledge and experienee inenvironmental matters.

(3) A member oflhe Tribunal shalI hold office for a period notexeeeding two years but shall be eligible for reappointment uponlhe cxpiry ofany sueh period.

(4) The names ofalI members ofthe Tribunal as first consti­tuted and every ehange in the rnembership thereof shall be pub­lished in the GozeUe.

(5) The Town and Country Planner shalI appoint from thestaff of lhe Authority a secretary to the Tribunal.

(6) The secretary shalI keep a written reeord of all proceed­ings of the Tribunal whieh shall be confirmed by the chairman.

(7) The deeisions of the Tribunal shall be by a majority ofvotes ofrnembers presentandvoting andinadditiontoanorigi­nai vote, the ehairman shall have a second or casting vote in anycase in which the voting is equal.

(8) A member eflhe Tribunal who is in any way direcHy arindirectly interested in a matter eoming before lhe Tribunal shalldeclare the nature of his ar her interest in the matter as soon asit is practicable to do so, and shall take no part directly or indi­rectly in any deliberation, discussion, consideration or similaractivity by lhe Tribunal on that malter.

(9) Subjecl to lhe provisions ofthis Part, lhe constitution andprocedere oflhe Tribunal shllll be such as may be prescribed bylhe Minisrer.

Ríght of Appeal. 69. (1) Any applicant, or person other lhan an applicant,whese ínterest in land may be affected by a decision of lheAulhority set out in subsection (2) if dissatisfied wilh such adecision of lhe Authority may appeal lo lhe Tribunal againstthat decision in lhe manner prescribed hereunder.

(2) Ao appea! shall líe lo lhe Tribunal agaínst any decisionmade by the Aulhority under this Acl-

(a) refusing to grant a development permit;

(b) any condition subject to which a development per­mit has been granted;

(c) refusing consent to display an advertisement;

(d) any condition subject to which consent to displayan advertisement has beco granted;

(e) modifying ar revoking a development permit;

(j) requiring the completion ofa development within atime limit;

(g) refusing a building permit;

(h) refusing to relax ar dispense with the requirementsof the building regulations;

(i) imposing a building preservation arder;

O) imposing a plant preservation arder;

(k) making an amenity arder, on any of the groundsmentioned in subsection (2) of section 48;

(I) issuing ao enforcement notice or as to the tennsthereof;

(m) issuing a notice requiring díscontinuanceof use oralteration or removal ofbuildings or works.

(3) Subject to any provisiona to the contrary in this Act, anyperson wishing to appeal under subsection (2) shall send a no­tice of appeal to the secretary of the Tribunal within -

(a) 42 days ofthe determination ofthe decision whichis to be appealed against under any one of para­graphs (a) to (h) of subsection (2); ar

(b) 42 days ofthe date on which the orderwhich is to beappealed against under paragraphs (i) to (k) ofsub­section (2) was served; or

(c) lhe period speeified in lhe notice as lhe period atlhe end of which lhe notiee is to take effect in thecase of a notice whieh is to be appealed againstunder paragraphs (I) ar (m) of subseetion (2).

(4) Upon reccípt ofa notice ofappeal, lhe secretary oftheTribunal shalI forthwíth send a eopy thereofto lhe Aulhority.

(5) A notice given under subsection (3) shalI set out-

(a) eoneisely lhe deeision appealed against;

(h) a deseription of the land affeeted thereby;

(c) lhe name oflhe appellant;

(d) lhe interest of the appelIant in lhe land affeeted bylhe deeision; and

(e) eoneisely lhe grounds on whieh lhe appelIant wishesto appeal against the deeision.

(6) Where notice given under subsection (3) the Town andCountry Planner shalI forward to lhe Tribunal-

(a) a copy of alI papers and doeuments submítted bythe appelIant or any person aeting on his ar herbehalf to the Aulhority;

(h) a eopy ofthe deeision appealed against;

(c) a plan suffieient1y idenlifying the loealion andboundaries of lhe land affeeted by lhe deeision.

(7) Ou reeeipt ofa eopy of'the notiee given wider subseetion(3) lhe Tribunal shalI reject lhe noliee ofappeal if-

(a) it appears not to eomply with subsectíon (5) but lhetribunal may give an opportunity to lhe appelIant toreetify the notiee within sueh period as it maydetermine;

(h) lhe appelIant appears not to have any suffieient in­terest ín land alfected by lhe decision to justify anappeal by that person against lhe decision. .'

(8) The Tribunal shall, in its discretion, direct whether lheappeaI shall be dealt wilh by public inquiry or, by wrilten repre­sentatíons and shall, wíthin 28 days of receípt of lhe notice ofappeal, notify the appellant and lhe Authority accordíngly,

(9) Unless lhe Tribunal directs that a public inquiry shall beheld in relation to an appeal, lhe appeal shall be deah with bywríttenrepresentations.

(iO) The Tribunal shall take lhe following rnatters into con­sideration before deciding whether the appeal may be dealt withby wrilten representations or by public inquiry -

(a) whether the public interest requires that ali persons(including lhe appellant) who may have a view toexpress in relation to lhe rnatter to which the appealrelates should have an opportunity of having theirviews taken into account of submitting evidenceand of examining witnesses called by others;

(b) without prejudice to lhe generality ofparagraph (a)whether it would reasonably practicable to deal wilhlhe appeal by way of written representatíons;

(c) the nature, scale and location of'the development towhich the appeal relates.

(II) Where the Tribunal decides that a public inquiry shall beheld, it shall notify the appellant and lhe Authority of lhe factand of the time and place at which the public inquiry shall beheld and a notice thereto shall be published in the Gazette.

70. (I) Whenever lhe Tribunal has directed thatan appeal towhich section 69 relates shall be dealt wilh by written represen­tations lhe secretary to lhe Tribunal shall send a copy of thedirection to the appellant and to lhe Authority and each of themshall within six weeks thereafter send to lhe Tribunal and to theotherof'them such writtenrepresentations as they wish to makeinrelation to the appeal (hereinafter referred toas "written repre­sentations").

(2) Within 28 days of lhe receipt of lhe wrilten representa­tíons of lhe other, or withín lhe six weeks period specitied insubsection (I), which ever is lhe later, lhe appellant and the

Appeals bywrittenrepresentanons.

Procedure atpublic inquines.

Aulhority shall send to lhe Tribunal and to the other of lhem inwriting such further representations as they may wish to makearising out of the wrítten representations of the olher.

(3) The Tribunal in deciding an appeal by Wl"ilten representa­lions, shall not -

(a) receive any oral evidence or submissions; or

(b) consider any representations in writing other thanlhos e provided for by subsections (l) and (2) un­Iess it has given the appellant or the Authority (aslhe circumstances require) a full and sufficient op­portunity of answering thern in writing.

(4) The record to be kept of lhe proceedings under this sec­tion shall contain~

(a) a list of the names and addresses of the parties;

(b) a summary of lhe wrilten representations submit­ted;

(c) a list ofall models, maps, plans, drawings, sketches,diagrams, photographs, petitions, and written state­ments submitted with the written representations;

(d) the Tribunal's findings of fact in relation to any rel­evant matter;

(e) a full and clear account ofthe reasoning ofthe Tri­bunal on which its decision is based; and

(j) the decision of the Tribunal on lhe appeal.

(5) The Tribunal acting in its discretion shall, following theexpiration of lhe period specified in subsection (2), decide theappeaI and in deciding shall have like powers to those undersubsection (I) ofsection 73 and shall determine its own procedurein relation to appeals by written representations, and theprovisions of section 71 shall apply, with necessary modifica­tions, to appeals under this section.

71. (I) lt shall be lhe primary function of a public inquiry todetermine lhe merits of lhe appeaI having regard lo lhe pur-

poses ofthis Act set out in section 3, the need to secure consis­tency in lhe execution ofpolicy, any approved pIan relevant lothe issues and any other relevant considcrations.

(2) Subject lo lhe provisions of'this Act and any regulationsmade Ihereunder, lhe Tribunal may in its discretion determinelhe procedure lo be fo11owed at any public inquiry directed un­der section 71 asappears to it most convenient to enabIe thefunctions referred lo in subscction (I) lo be fuIfi11ed withoutbeing bound lo adopl such procedure as might be appropriatein a court provided that lhe Tribunal sha11-

(o) at a11 limes have regard lo lhe rules ofnatural justicein lhe conduct oflhe proceedings for lhe determina­tion of lhe appeal;

(b) ensure, when hearing evidence of one party, thatlhe other party has had an opportunity lo considerthat evidence and to make connnent ar representa­tion on it.

(3) Without prejudice lo lhe generality of'subsection (2)-

(o) there may be given and received in evidence aI apublic inquiry any material, whieh lhe Tribunal mayconsider reIevant to the subject rnatter of the in­quiry whether or not it would be admissible in acourt of law;

(b) evidence at a publie inquiry may be given on oath Draffirmation aras unsworn evidence arpartIy as swomevidence and partIy as unsworn evidence, as theTribunal may think fit;

(c) any interested party may appear in person or maybe represented by another person acting with his Drher authcrity and whether or not that other personis a legal practitioner.

72. A record sha11 be kept of a11 public inquiries held by lheTribunal.

(2) The record under this sectíon sha11 conlain-

Records of publicinquiries.

Dectsion andnotiflcation ofappeal.

(a) a list of lhe names and addresses of ali personsheard at lhe public inquiry and, where any suchperson was represented by another, the narne andaddress of that representative;

(b) a Iist of the names and addresses of ali personsgiving evidence at lhe public inquiry;

(c) a summary of the evidence given by each personwho gave evidence at lhe inquiry;

(d) a list ofalI exhibits (including models, maps, plans,drawings, sketches, diagrams, photographs, peti­tions, and written statements) received in evidenceat the inquiry;

(e) lhe Tribunal's fmdings offact in relation to any rel­evantmatter;

(j) a fulI and clear account of lhe reasoning of lhe Tri­bunal on which its decision is based; and

(g) lhe determination oflhe Tribuna! as to lhe mannerin which lhe appeal should be disposed of.

(3) Every record under this section shall be aecompanied byalI documents referred to in paragraph (d) of subsection (2).

73. (1) Tbe Tribunal in deeiding whether to alIow or dismisslhe appeal may-

(a) alIow the appeaI in whoIe or in par! and quash thedecision of the Authority;

(b) if it alIows the appeal in part, do so by varying thedecision of the Authority in any manncr and sub­ject to any conditions or limitations it thinks fit, butnot 50 as to impose any condition or requirementlhe Authority had no power under this Act to im­pose whenmakingthe decision ar taking the actionappealed against;

(c) correct any proeedural defeet in lhe decision or er­ror of law in the order of the Aulhority appealedagainst;

(d) dismiss lhe appeal and confirm lhe decision of lheAulhority.

(2) As soon as reasonably possible after lhe decision oftheTribunal lhe secretary to lhe Tribunal shalI send lo the appel­lant, to the Authority and to the Minisler written notification ofthe determination of the appeal together with fulI and clear rea­sons for thatdetermination.

PART X

MlSCELLANEOUS AND SUPPLEMENTARY

74. (I) Subjecllo subsection(2), theAulhority, anymember Powers of Entry.of'the Aulhority, lhe Town and Country Planner, or any personauthorized by lhe Authority in writing, may during working hoursenter OTI any land ar in any building -

(a) to carry out any investigation in connection withlhe preparation of any development plan under lheprovisions ofPart III;

(b) to obtain information relevant to the determinationof any application for a developmenl permit or forany consent, licence ar permitunder this Act;

(c) lo delennine whether any breach of planning con­trol is being ar has been undertaken on the land Dr

in any building thereon;

(d) to delennine whether any order or inlerim ardershould be made under Part VI ar for lhe exercise ofany powers conferred by any such ar arder;

(e) for lhe purposes of determining whether or not anycompensation is payable under Part VIII, or as lothe arnount thereof;

(j) to ensure compliance with the Act andregulations.

(2) Any person who enlers on any land or building under lheprovisions of this section, without the consent of the owner or

occupier thereof, shalI give such owner or occupier not lessthan twenty-four hours writtennotice ofhis ar her intention 50

to do and the intendcd purpose of such entry; and if lhe personentering requires to search and bore for the purpose ofcxamin­ing the nature of lhe sub-soil, that fact shall be stated in lhenotice.

(3) Before exercising any powers under this section, the Townand Country Planner or any other person concerned shall pro­vide evidence of identity and authorisation to the occupíer arother person who is cr appears to be in control of the land orbuilding concemed.

(4) The powers conferred by this scction shal! be decmed locxrcnd to pemnt thc Town and Country Planncr or other personconcerned to make sueh examination and inquines as are neces­sary to achicve the purposes for which lhe entry was autho­rízcd.

(5) If any damage is causcd by rcasou ofthe cxercise of anyright ofentry conferred by this section. ar in the making of anysurvey for the purpose for which sue h right of entry was con­ferred, ar by thc wrongful or negligcnt use ofpowers, confcrred,ar alleged to have been conferred, by this section, the Authorityas soon as may be after such entry, shall pay compensation tothe person injured thereby. If the amount ofsuch compensationcannot be agreed, lhe amount payablc shall be determined ln lhesarne manner as compensation payable under sectiou 64, andthe Town and Country Planner shall refer lhe rnatter accord­ingly,

(6) Nothmg in subseetions (2) or (5) applics in respect of anywork ar operation which the Minister, the Authoriry, or anypublic officer is authorized to do or carry out in relation to anybuilding or land under Part VII and for lhe purposes ofPart VIIand those regulations it is declared that the Minister, the Au­thority and any publie offieer has a right lo enter on any land orin any building during working hours~

(a) for lhe purpose of ascertaining whether there is, orhas been, on ar in connecticn with the premises, acontravention of Part VII of this Act;

(b) for lhe purpose of ascertaining whether or not cir­cumstances exist that would authorize or require the

Authority to take any action, ar execute any work,under Part VII oflhis Act;

(c) for the purpose oftaking any action, ar executingany work, authorized or required by Part VII of thisAct or by notice made under ParI VII of'this Act; Dr

(d) generally for Ihepurpose of the performance by theAuthority of its functions under PartVII of this Act.

75. Any natice ar other document required ar authorized tobe given ar served under this Act ar under any regulauon, arder,

direction ar other instrumentmade under this Act may be scrvcdon or given to the person concemed c-.

(a) by delivering it to that person;

(b) by leaving it at the usual ar last known place ofabade of that person;

(c) by sending it by rcgistcred mail addressed to thatperson at his or her usual ar last known place ofabade ar, where an address for service has beengiven by Ihal person, aI tnat address;

(<1) in lhe case of a body corporate, or othcr body, bydelivering it to the secretary ar other officer afthatbody at its registered or principal office in the coun­try, ar by sending it by registered mail addressed to

lhe secretary or other officer of that body at thatoffice;

(e) in the case of'the Crown, by delivering it ar sendingitby registered mail to the Attomey General.

76. (I) For the purpose ofenabling lhe Minisrer, the Author­iry ar the Town and Country Planner to make ao arder or serve anotice ar other document under infonnation the provisions ofthis Act, the Town and Country Planner may require the ownerar the occupier of any premises, and any person who eitherdirectly ar indirectly, receives rent in respect of any land arpremises, to state in writing the nature of his ar her interesttherein, and the name and address ofany other person known tohim or her to have an ínterest therein, whelher as a freebolder,mortgagee, lessee ar otherwise.

Scrvicc ofnonccs

Power to requtreinforrnation.

Register ofplanning a-idassociateddccisicns.

(2) Any person who, having been required in pursuance oftnis section to give any such information, without reasonablecause fails to give that infonnation within twenty-eight days ofbeing 50 required, or such longer period as the Town and Coun­try Planner may allow in any particular case, shaIl be guilty ofanoffence and liable on summary conviction to a fine offive hun­dred doBars.

(3) Any person to whom infonnation has been given underthis section, or otherwise under this Act, or who has obtainedany information in the coutse ofhis ar her dudes under this Act,who makes any unauthorized disclosure of that information toany person who is not required to receive that information shallbe guilty of an offence and Iiable 00 summary conviction to afine of[ten thousand dollars] ar to imprisonment for six months,ar to both such fine and imprisonment.

77. (1) The Town and Country Planner shaIl maintaina regis­terofaIl-

(a) applications for development permits;

(b} decisions on applications referred to in paragraph(a) and any conditions attached to developmentpermits;

(c) natices af mcdification ar revocation of develop­ment permita;

(d) compliance notices, stop notices, injunctions anddiscontinuance notices;

(e) public access agreements Dr notices under sections49 and 50;

(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 conditicns attached to approvals;

(i) development agreements under section 28 andperfonnance bonds under secton 29;

(j) purchase notices under section 45;

(k) applications for express consent to display adver­tisernents under section 51;

(I) claims for compensation under section 64;

(m) decisions on appeals against any decisions made oraction taken under this Act; and

(n) sueh other documents as the Town and Country

Plannermay determine.

(2) Any person who so requests shall be provided by theTown and Country Planner with a eopy ofany entry in the reg­ister upon payment of the prescribed fce.

(3) The register required to be maintained by subseetion (1)shall include an index whieh shall be in the form of a map andboth the register and the index may be kept in an electronic datastorage and retrieval system whether by use of a computer orotherwise.

78. (1) The Town and Country Planner shall notify lhe Regis­trar ofLand, giving full detaiIs with respeet to the pareeis oflandaffected, ofevery -

(a) modification or revocation of a development pennit;

(b) enforeement notice;

(c) discontinuance notice;

(d) plant preservation arder;

(e) arnenity arder;

(j) develapment agreement;

(g) clairn for campensation;

(h) purchase notice.

Notificalion ofdecisions toRegistrar ofLand.

Death of perscnhaving clam arright.

Offences.

(2) The Registrar of Land shall duly record the maners re­ferred to in subsection (I) 00 the Register of Titles.

79. Any reference in this Act to any pcrson having a clairnfor Dr a right to the payrnent of compensation, or to appealagainst any decision given under this Act, upon lhe death ofthat person before the deterrnination ofthe matter at issue, shallbe construed as ifsuch reference were a reference to that person'spersonal representatives,

80. (I) Any person who, without reasonable excuse c-.

(a) fails to comply with the requirements of-

(i) an enforcement notice issued under section34;

(ii) a notice to discontinue use or to alter or re­move buildings or works issued under sec­tion 42;

(iii) a building preservation arder Drinterim build­ing preservation arder made under section 44;

(iv) a plant preservation order made under sec­tion 46;

(v) an amenity arder made under section 47; ar

(b) willfully gives false information, relatiog to any mat­ter in respect ofwhich he Dr she is required to giveinfonnation under this Act; or

(c) obstructs any person in the exercisc of any powersor the perfonnance ofany duties under this Act; or

(d) fails to comply with any regulaticns made with re­spect to the control of any activities in, ar the man­agement of, any environrnental pratection area, shallbe guilty ofan offence and hable-

(i) ou summary conviction to a fine of five hun­dred dollars, and ir, in the case of a continuingoffence, lhe contravention is after such con­viction, he or she shall be guilty of a further

offencc and liable to a fine of one hundreddollars for eaeh day on whieh the eontraven­tion continues;

(ü) on conviction on indictment, lo a fine of tcnthousand dollars, Dr to imprisonrnent for sixmonths, ar to both such fine and ímprison­ment.

(2) Where an offence under this Act is eommilted by a bodycorporate and is proved to have been committed with the con­sent ar connivance ofany director, manager, secretary ar othersimilar officer of the body corporate, ar of any person who waspurporting lo aet in such capacity, he, as well as the body corpo­rate, shall be guilty of that offence and shall be liable to beproeeeded agaínst and punished aceordingly.

(3) Proeeedings in respeet of an offenee alleged to have bcencommitted under this Act may be brought, with the approval ofthc Authority, by lhe Town and Countty Planner, provided thatif it is considered that lhe gravity of the offenee requires that itbe lried on indictrnent, proeeedings shall only be brought by orwith the consent of the Director ofPublic Prosecutions.

81. (1) The Minister may make rcgnlations for carrying into Regulations.

effect the provisions of this Act.

(2) Without derogation from the generality ofthe power eon­ferred by subsection (l), such regulalions may providc for-

(a) the forro and scope of deveJopment plans;

(b) the proeedures for publie representatíons during thepreparation ofa plan;

(c) lhe proeedures to be followed and the forros lo beused in connection with -

(i) applications for developmenl permits:

(ü) consultation on applieations for developmenlpennits;

(iii) enforcement notiees;

(iv) the modifieation or revoeation of a develop­mentpermit;

(v) claims for eompensation;

(vi) purchase notiees;

(d) development whieh may be permitted under sub­seetion (2) ofseetion 18, without the prior granl ofadevelopmentpennit;

(e) lhe designation of classes of developmenl whiehare likely to derogate from amenity under section22;

(/) the management and protection oi envíronrnentalproteetion areas and lhe preservation ofany form ofmarine orother wildlife therein;

(g) lhe proeedures for environrnental impact assessmentandthe form environmental impactstatements;

(h) access to land for recreational purposcs and tobeaehes;

(i) fees payable for the purposes of lhe Act;

(j) the qualifieations required ofpersons signing forms,pIans and drawings on behalfofany applieanl for adevelopment permit and the qualifieations requiredof persons preparing environmental impact state­ments;

(k) lhe eontrol of advertisements:

(I) lhe preservation of buildings and plants;

(m) lhe form oflhe register lo be maintained under see­tion 77;

(n) building regulations.

(3) The Land Development and Control Regulations 1996 aresaved andcontinued in force, notwithstanding the repeal ofthe

Land Development and Control Act bereby, and are deemed tohave been made under this section.

(4) Rcgulationsmade under this sectionmayprovide, for thebreach thereof, for penaltiesnot exceedingfive thousand dollarsar imprisonmentnot exceedingoneyear.

82. This Act binds the Crown.

83. The Town and Country Planning Act and the Land De­velopment and Control Act, are hereby repealed.

FIRST SCHEDULE

CONSTITUTION, PROCEDURES AND FlNANCES OFTIiE DEVELOPMENT CONTROL AUIlIORITY

1. ln this Schedule -

"Chairman" includes a person elected to act tempo-arilyfi place ofthe chairrnan; and

"Secretary" means the person employed by the Authorítyto perform the functions of'Secretary to the Authonty.

2. (I) The Authority shall consist ofeleven members, name­Iy-

(a) the Town and Country Planner;

(b) the Director ofPublic Works;

(c) the ChiefHealth Inspector;

(d) the Officer fi Charge ofthe Lands Division;

(e) the Chief Surveyor;

(j) the General Manager ofthe Antigua Public UtilitiesAuthority;

(g) the Director ofAgriculture;

(h) the ChiefEnvirornnentOfficer; and

Effect on theCrown.

Repea l of Cap.432 and Cap. 235.

Section 5.

Interpretatíon.

Ccnstítuticn ofthe Authority.

Procedures of theAuthority.

(i) three persons not holding any publie offiee whohave knowledge and experienee ofmatters relevantto physical planning or any other matters relevantto this Act, appointed by the Minister.

(2) The Minister shall appoint one ofthe members appointedunder subparagraph (I) (i) to be Chairman of the Authority.

(3) A member appointed under paragraph (i) of subsection(I) shall serve on the Authority for a period not exeeeding twoyears, but shall be eligible for re-appointment, provided that nomember, save an ex-officio member, shall hold offiee for a periodof longer than six consecutive years.

(4) The Minister may at any time revcke lhe appointment ofany member appointed under paragraph (i) of subsection (I).

(5) The names ofal! members ofthe Authority as first consti­luted and every change of membership thereof shal! be pub­lished in the Gozette.

3. (l) The Authority shall meet at least once in every monthand at such other times as may be necessary for the transactionof business, at such placcs and times and on such days as theAuthority may determine.

(2) The Chairman shall convene a special meeting of the Au­thority within seven days of receipt of a requisitíon for thatpurpose addressed to lhe Chairman in writing and signed byany two members ofthe Authority, and on any other occasionwhen he or she is directed in writing by the Minister so to do.

(3) The Chairman shal! preside at meetings of lhe Aulhorityat whieh he or she is present,

(4) The members oflhe Aulhority may electone oflheir num­ber to act as Chairman during lhe temporary absence of lheChairman due to illness, inability to attend, absence from Antiguaand Barbuda or any other reasonable cause.

(5) At any meeting of lhe Authority lhe Chairman and tiveother members shall form a quorum:

Provided lhat when any ex officio member of The Aulhorityreferred to in item (a), (b), (e), (d), (e), (j) or (g) of subseetion

(1) is unable to attend a meeting in person, tnat member maybe represented at the meeting by some olher person appointedby the Minister; and

Provided further that where any member shall be disqualified byvirtue of paragraph 4 from taking part in any deliberation ardecision at a meeting of lhe Aulhority, that fact shall be disre­garded for the purpose of forrning a quorum.

(6) The decision of the Authority shall be by vote of themajority members presentandvotingand, in addition to aoorígi­naI vote, the Chainnan shall have a second or casting vote, inany case in which the original voting is equal.

(7) Minutes in proper form ofeach meeting shall be kept bythe Secretary and shall be confirrned by lhe Chairrnan as soon aspracticable thereafter, at a subsequent meeting.

(8) Subject to the provisions of lhis Schedule, the Authorityshall have the power to regulate its own proceedings.

4. (I) A member oflhe Authority who is in any way, whether Conflict ofdirectly ar indirectly, interested in any matter whatsoeverwith interests.

which the Aulhority is concerned, shall declare that interest atlhe first meeting ofthe Authority at which that memher is present,after the relevant facts have come to his or her knowledge,

(2) A member shall not take part in any deliberation or dec i­sion of the Aulhority wilh respect to any malter with which theAulhority is concemed in which he or she has, whelher directlyar indirectly, any interest.

(3) A disclosure made under subparagraph (1) shall berecorded in the minutes ofthe Aulhority.

(4) Where, owing to lhe number ofmembers who have de­clared an interest in an item of business at a meering, the Au­lhority, lacks a quorum, to transact that item of busíness, thatfact shal! be recorded in lhe minutes and reported to lhe Minis­ter.

(5) The Minister acting in bis or her discretíon may grant adispensation subject to such terrns and conditions as he ar she

shall think fit, to impose, to all ar any oflhe members who have

validatton of actsdane.

Punds andResources of theAuthority

declared an interest in an item of business to which subpara­graph (4) applies so as to allow that item to he disposed ofatthemeeting ofthe Authority next following the meeting referred toin subparagraph (4).

5. The validity ofanything done under this Act shall not beaffected solely by reascn of -

(a) the existence ofany vacancy in the membership, orany defect in lhe constitution of the Authority:

(b) an omission or irregularity in respect ofmeeting anyproeeedings of the Aulhority onder seetion 4;

(c) lhe contravention by a member ofthe provisions ofparagraph 4.

6. (1) The funds and resources of lhe Authoríty shall consistof-

(a) any sums appropriated by Parliament for the pur­poses of lhe Authority;

(b) any money paid to the Authority by way ofadmin­istrative fees, service charges, penalties or fines andali otlier revenues wliich may become payabíe tolhe Aulhority pursuant to lhe provisions of the Actor regulations or any other written law,

(c) any surns allocated to the Aulhority from loan funds;

(d) a!l other sums payable or property which may ín anymanner become payable to or vested in lhe Author­ity in respect of any matter incidental to its func­tions.

(2) Wherethere is a deficiency in lhe funds of lhe Authoritythat deficiency shall be mer out of moneys provided by Parlia­ment,

(3) For tbe purposes of tbis paragraph, tbe expression "loanfunds" means any sums made avaiiable from time to time to lheGovemment ofAntígua and Barbuda by way ofa loan.

7. (I) The Authority shall prepare annual estimates of itsprojeeted revenues and expenditure to be submitted to the Min­ister who, ifhe approves the estimates, shall submit lhem to theMinister ofFinanee not later than a date speeified by the Minis­terofFinance.

(2) The Authority shall maintain a general fund into whiehshall be paid ali sueh moneys as may, frorn time to time, beplaeed at the disposal of lhe Authority for the purposes of thisAet by Parliament, and any other moneys lawfully be paid to lheAulhority; and out of this fund shall be paid ali the expensesineurred by the Authority in earrying out its funetions underthis Aet and ali other liabilities proper1y ineurred by the Author­ity.

(3) For the purpose ofregulating and eontrolling its financialoperations, the Authority may, with the approval ofthe Minis­ter, make roles in respectof-

(a) lhe manner in whieh and the offieers by whom pay­ments are to be approved;

(b) lhe bank into whieh moneys ofthe Authority are tobe paid and then designation of any aeeount withlhe bank;

(c) lhe sum to he retained by lhe accounting offieer tomeet petty disbursements and immediate paymentsand lhe maximum sum that may be so disbursed forany one payment;

(d) lhe method to be adopted in making payments outof the funds of lhe Aulhority;

(e) lhe levei of aulhority required to write offbad debtsin excess of specified sums; and

(f) generally as to matters necessary for lhe proper keep­ing and control of the finances of the Authoriry.

(4) The Authority shall keep proper aceounts of its fundsand lhe aecounts shall he audited annually by lhe Auditor Gen­eral, Dr by an auditor appointed in each year by the Ministerwíththe wrilten consent of lhe Auditor General.

Pinance ot tneAuthority.

(5) The Aulhority shall not later than six monlhs after lhe endof each calendar year submit to lhe Minister an annual repor!containing -

(a) an account of the functioning of the Authoritythroughoul lhe preceding calendar year in such de­tail as lhe Minisler may direcl; and

(b) a statement ofaccounts of lhe Commission auditedin accordance wíth subparagraph (4).

(2) A copy of lhe annual repor! logelher wilh a copy of lheauditor's repor! shall be prinled and Iaid before Parliamenl by lheMinister.

Custody andauthenticatíon ofSeal of theAuthority.

8. (1) The seaI oflhe Authority shall be kepl in lhe custody oflhe Corporale Secretary and shall be aulhenticaled by lhe signa­tures oflhe Chairperson or lhe Town and Country Planner, andlhe Secretary, o': in such olher rnanner as may be aulhorized byresolution of the Aulhority.

(2) Every documenl purporting lo be an instrumenl under theseaI of lhe Authority be received in evidence and deemed with­

out further proofto be 50 executed, unless the contrary is proven.

SECOND SCHEDULESectíon 10

MATfERS FOR WIllCH PROVISION MAY DE MAnE lNDEVELOPMENT PLANS

PART I

ROADS

1. Reservation of Iand for roads and establishment of public rights of wayincluding public rights of way lo beaches.

2. Closing or diversion ofexisting roads and public and private rights ofway.

3. Construction of new roads and alteration of existing roads.

4. The line, width, levei, construction, access to and egress from and the gen­eraldimensions andcharacter ofroads, whether new Dr existing.

5. Providing for and generally regulating lhe construction or execution ofworksincidental to the making or improvement of any road, ineluding the erection ofbridges, culverts, gullies, fencing, barriers, shelters, lhe provisíon ofartificiallight­ing, and seats and lhe planting or protecting of grass, trees and shrubs on oradjoining such road,

PART II

BUlLDINGS AND OTIlER STRUCTIJRES

I. Regulating and controlling, either generally or in particular areas ali or any oflhe following matters:

(a) the size and height of buildings and fences;

(b) building lines, coverage and lhe space about buildings;

(c) the objects which may be affixed to buildings;

(d) lhe purposes for and the manner in which buildings may be used oroccupied including in lhe case of dwelling houses, lhe letting thereofin separate tenemcnts;

(e) the prohibilion ofbuilding or other operations on any land, or regulat­ing such cperations.

2. Regularing and controlling lhe design, colour and materiaIs ofbuildings andfences.

3, Allocatíng any particular land, Dr allland in any particular arca,for buildingsof a specified class or classes ar prohibiting Dr restricting either pennanently orlemporarily, the making ofany building or any particular class or classes ofbuild­ings on any specified land.

4. Limiting the number ofbuildings or the number ofbuildings of a specifiedclass which may be constructed, erected ar made, on, in ar under any area.

PART mCOI\1MUNTIY PLANNING

1. Providing for the centro) ofland by zoning ar designating specific uses.

2. Regulating the layout ofhousing areas including density, spacing, groupingand orientation of houses in relarion to roads, open spaces and other buildings,

3. Detennining lhe provísion and síting ofcommuníty facilities including shops,schools, churches, meelíng halls, play centres and recreation grounds in relationto lhe number and siting of houses.

PART IV

AMENITIES

I. Allocation of lands as open spares whelher public ar private,

2. Allocatíon ofland for burial grounds and cremaloria.

3. Allocation oflands-

(a) communal parks;

(b) for wildlife sanctuaries;

(c) for lhe protection ofrnaríne Iife;

(d) for nalíonal parks and environmental protection areas,

4. Preservation of buildings, caves, sites and objects of artistic, architectural,archaeological, historical, or cultural interest,

5. Preservation orprotection of forests, woods, trees, shrubs,plants andflow­ers.

6. Protectionofthe coastalzone, designationaímarine parks,special resourceand special use areas.

7. Prohibiting, restricting ar controlling, eilher generally Dr ín partícular pIaces,the exhibition, whetheron the ground, ar any buílding or any temporary erection,whether on landar ínwater, arinthe air, ofall ar anyparticular forms ofadvertise­ment ar atherpublic notices,

8. Preventing, remedyingDr removing ínjury to amenitiesarising fromthe ruin­ous or negIected condítion of any building Dr fence, ar by lhe objectionable Dr

neglected condition of any Iand attached to a building ar fence ar abutting on aroad ar situatein a resídential area.

9. Prohibitíng, regulating and controlling lhe deposit or disposal ofwaste mate­riais and refuse, lhe disposal of sewage and lhe pol\ution of ponds, salt ponds,gullies, beaches, lhe foreshore ar territorial waters,

PARfV

PUBUC SERVICES

Facilitating lhe establishment, extension or impro'lement ofworks by statutoryar other undertakers in relation to power, lighting, water supply, sewerage, drain­age, sewage disposal, refuse disposal ar otherpnblic services.

PART VI

TRANSPORT AND COMMUNICATIONS

I. Facilitating lhe establishmenl, extension or impro'lement ofsystems of'trans­portwhether by land, waterar air.

2. Allocating sites for use in relationto transport and the reservation ofland forthat purpose.

3. Providing for the establishment, extension or improvement oftelegraphic,telephonic, wireless ar radar communication, the allocating of sites for use inrelation to such communication, andthe reservation of landfor that purpose.

PART vn

MlSCELLANEOUS

I. Providing for and regulating the making ofagreements for the purpose of adevelopment plan by lhe Minister with owners and other persons, and by suchpersons with orre another.

2. Sub-division ofland and in particular, bul without restricting lhe generaliry cfthe foregoing -

(a) regulating lhe type of development to be carried out and the size andforrn ofplots;

(b) requiring lhe allocation ofland for any of the public services referredlo in Part V or for any other purposes referred lo in this Schedule forwhich land may be allocated;

(c) prescribing lhe character and type of public services or other workswhich shall be undertaken and completed by any applicant for permis­sion to sub-divide as a conditionof the grant of such pennission;

(d) co-ordinating the sub-division of contiguous properties in arder togive effcct lo any scheme of development appertaining to sueh prop­erties.

3. Making any provisions necessary for-

(a) adjusting and altering lhe boundaries and areas of any towns;

(b) effecting such exchanges ofland or cancellation ofexisting sub-divi­SiDO plans as may be necessary or convenient for the purposes afore­said.

TIIIRD SCHEDUlE

Section 23

MATrERS FOR WIllCH ENVlRONMENTAL IMPACT ASSESSMENTSHALL 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 andpipeline installation;

4. An incinerator, sanitary Iandfili operatíon, solid waste disposal site, sludgedisposal site, toxic waste disposal site or other similar site;

5. A wastewater treatment, desalinatíon or water purification plant;

6. An industrial estate development projecI;

7. An installation 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 ofponds; and

10. A hotel or resort complex.

Passed the House of Representativcsthis 13th day of March, 2003.

BsHarrís,Speaker.

S. Walker,Clerk to the House ofRepresentatíves.

Passed the Senate this 20th day ofMarch, 2003.

M. Percíval,President.

S. Walker,Clerk to the Senate.