| Duties of Minister |
5. (1) The
Minister is responsible for securing the objects and purposes set out in section 4 and in
the exercise of the powers conferred on him, may do all things necessary for the
purpose of carrying out his responsibilities under this Act. (2) In addition to
the several duties imposed on him by this Act, the Minister is responsible for the framing
and implementation of comprehensive policies with respect to the use and development of
all land in the Territory in accordance with a development plan prepared under the
provisions of Part III and shall in the framing and implementation of such policies have
regard to the need to secure consistency.
(3) In
exercising his functions, the Minister shall be guided by the principle that the
provisions of this Act shall be applied uniformly, fairly and equally to all persons.
(4)
Nothing in this section shall be construed as imposing upon the Minister either directly
or indirectly any form of duty or liability enforceable in proceedings before any court.
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Planning
Authority |
6.
(1) There is hereby established
a public body to be known as the Planning Authority. (2) The constitution and
procedures of the Authority shall be in accordance with Schedule 1.
(3) The
Authority shall -
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(a) advance the
purposes of this Act as set out in section 4;
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(b) institute,
complete, maintain and keep under review a study of matters pertinent to planning the use
and development of the land of the Territory;
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(c) prepare or cause
to be prepared development plans in accordance with Part III;
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(d) regulate
development by the means provided by this Act having regard to the need to secure
consistency and conformity with the development plan;
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(e) prepare, and
submit to the Minister subject reports on matters which the Authority or the Minister may
from time to time consider necessary or desirable having regard to the provisions of
section 4;
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(f) do all other
things necessary for carrying out the purposes and provisions of this Act as may be
authorised herein.
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(4) The Authority shall remain at all times responsible for the proper performance of its
functions under this section, but subject to subsection (1) may, for the purpose of such
performance, as it thinks fit -
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(a) consult with or
obtain advice from other authorities, persons or bodies of persons;
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(b) engage other
persons to carry out work on its behalf;
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(c) delegate any of
its functions under section 11 to any of the persons referred to at paragraph (a) or (b).
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(5) Without restricting the generality of subsection (4), the Authority may delegate any
of its duties to the Chief Planner.
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(6) The Authority shall be responsible for the implementation of the policies framed by
the Minister under section 4.
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(7) The Authority shall act in accordance with directions of a general or special nature
which may be given from time to time by the Minister as to the policy to be followed in
the exercise of its functions.
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Chief
Planner |
7. (1) A Chief Planner whose office shall be a
public office shall be appointed to exercise and perform the duties specified in
subsections (2), (3), and (4). (2) The Chief Planner shall be responsible to
the Authority for the administration and operation of the system of planning for which
this Act provides.
(3) The
Chief Planner shall sign and issue all development permissions, refusals of development
permission, compliance notices and other documents authorised by the Authority to be
issued under the provisions of this Act.
(4) The
Chief Planner has the powers conferred upon him by this Act and the duties that he is
required by this Act or by the direction of the Authority to perform.
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Exercise of
Functions of
Chief Planner |
8. (1) Functions
assigned to the Chief Planner by or under this Act, may be exercised by any planning
officer authorised by the Chief Planner in writing, either generally or specially, in that
behalf.
(2) If authorised for the purpose by the Chief Planner in writing, any person exercising a
function assigned to a planning officer by or under this Act shall be deemed, for the
purpose of the exercise of that function, to be the proper officer for the exercise of
that function, and shall be deemed to have the powers of a planning officer for the
purposes of that function.
(3)
Neither the Chief Planner, nor any planning officer of the Authority, shall engage in any
work, employment, contract, interest, activity or other involvement which is, or is likely
to become, in conflict with his duties under this Act.
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Limitation
of personal liability |
9.
(1) No personal liability shall attach to the Minister, any member of the Authority, the
Chief Planner or any other public officer in respect of any thing done or
omitted to be done, in good faith, in the implementation of the provisions of this Act. (2) Any sums
of money, damages or costs which may be recovered against the Authority or any of its
members or officers for anything done or omitted to be done in the implementation of the
provisions of this Act shall be paid out of the Consolidated Fund. |
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