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The
Development Planning Unit
Government of the British Virgin Islands Plans


Plans> Index> Virgin Islands Draft Planning Act June 1997 - Part III


VIRGIN ISLANDS
DRAFT PLANNING ACT
JUNE 1997
(continued)


PART III
DEVELOPMENT PLANS

Proposal for Development Plan 10. (1) The Authority may, and if required by the Minister shall, submit to the Minister proposals for the preparation of a development plan.

     (2) A proposal for the preparation of a development plan shall include -

(a) a reasoned statement of the need for the plan;

(b) the main headings of the proposed contents of the plan;

(c) a suggested timetable for the preparation of the plan;

(d) proposals for obtaining representations from persons likely to be affected by or likely to wish to submit representations and views on the proposed plan during the course of its preparation;

(e) proposals for obtaining representations on the plan by sectoral agencies; and

(f) such other matters as are required by the Minister or are considered by the Authority to be necessary for a decision to be made on the proposal.
  

     (3) Where the Minister rejects a proposal submitted under this section, he may require the Authority to submit a fresh or modified proposal for the same plan or a new proposal for a different plan.
     
Scope and preparation of Development Plan 11. (1) The Authority shall prepare or cause to be prepared and thereafter keep under review a development plan for the Territory as a whole, which shall be called a National Physical Development Plan.

     (2) The Authority may prepare or cause to be prepared and thereafter keep under review a development plan for any specified part of the Territory, which shall be called by the name of the part of the Territory to which it relates.

     (3) A development plan shall comprise a written statement and such maps, plans, drawings, diagrams and other graphic representations as the Authority considers necessary to illustrate and explain the plan with the degree of particularity they consider to be appropriate to different parts of the Territory and to the nature of the development plan.

     (4) Without restricting the generality of subsection (3) a development plan shall include -
  

(a) a statement of the principal aims and objectives with respect to the development and other use of land in the area;

(b) a report on the existing conditions of the area including -

i) the principal physical, social, economic and environmental characteristics of the area including the principal purposes for which land is used;

ii) the size, composition and distribution of population of the area;

iii) the communications, transport systems and traffic in the area;

iv) the public services and the physical and social infrastructure provided in the area;

v) any other matters which may affect the development and other use of land in the area or which the Minister may direct;

(c) a statement of the policies, proposals, and programmes for the future development and use of land in the area including principles for regulating the use and development of land and measures for the maintenance and improvement of the environment;

(d) a reasoned justification of the policies and proposals for the future development and use of land in the area having regard to -

i) the report of the existing conditions of the area under paragraph (4) (b);

ii) an examination of the likely environmental effects of the proposals;

iii) any specific policies of the Government which may affect the pattern of development in the area;

iv) the current economic policies of the Government for the development of the Territory;

v) the relationship between the proposals in the plan and other previously approved development plans which may affect the area;

vi) the financial and other resources which are likely to be available for carrying out the proposals of the plan;

(e) and a schedule setting out the stages by which the proposals of the plan may be implemented. 
  

     (5) A development plan may -
  
(a) define the sites of proposed roads, public and other buildings and works, or the allocation of land for agricultural, residential, industrial or other purposes of any class, and the conditions under which such development should be carried out;

(b) designate any area as being an area which should not be developed due to its susceptibility to aircraft hazard or to flooding, erosion, subsidence, instability or other condition of the physical environment;

(c) make proposals for the preservation of buildings, sites or other features of special architectural, cultural, historic or archaeological interest;

(d) provide for any of the matters set out in Schedule 2 as the Authority considers appropriate to the nature and scope of the proposed plan;

(e) subject to the provisions of section 64, designate as a comprehensive planning area any area which in the opinion of the Authority needs to be planned as a whole for one or more of the purposes of development, redevelopment, improvement or conservation.
  

     (6) As soon as may be practicable after the designation of land as a comprehensive planning area, the Authority shall prepare or cause to be prepared a detailed plan for the relevant area showing the manner in which it is to be developed.
  
Environmental protection area 12. (1) The Authority may, and if so directed by the Minister shall, cause a survey to be made of the whole or any part of the Territory with a view to determining whether any area of the Territory ought to be designated an environmental protection area in a development plan.

     (2) Before finally determining whether to recommend to the Minister that any area should be designated an environmental protection area in a development plan, the Authority shall -
  

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

(b) provide persons living and working in the area and any other persons interested in the area with an opportunity of making representations and comments on the proposals;

(c) consult the Ministers responsible for national parks, marine parks and protected areas and any other person, body or authority who appears appropriate as being interested in or having special knowledge on environmental matters;

(d) take account of the representations and comments received on the proposals.

     (3) In determining whether it is desirable to designate any area an environmental protection area in a development plan, the Authority and the Minister shall have regard to -
(a) the survey prepared under subsection (1);

(b) any representations or comments submitted by any person, body or authority on the proposals;

(c) such of the following matters as may be relevant to the area-

(i) the flora and fauna of the area;

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

(iii) any outstanding geological, physiographical, ecological, or architectural, cultural, historic or archaeological features of the area which it is desirable to preserve and enhance;

(iv) any special scientific interest in the area;

(v) any special natural hazards to which the area is or may be subject;

(vi) the characteristics, circumstances and interests of the people living and working in the area.
  

Environmental protection area management plan 13. (1) In consultation and co-ordination with the Ministers responsible for the Protection of Trees and Conservation of Soil and Water Ordinance, No. 8 of 1954, the National Parks Ordinance, No. 29 of 1961, the Marine Parks and Protected Areas Ordinance No. 8 of 1979, and the Fisheries Ordinance No. 18 of 1979, the Authority may prepare or cause to be prepared an environmental protection area management plan with respect to an area designated to be an environmental protection area in a development plan.
  
     (2) The purpose of a plan prepared under this section shall be to set out the policies and measures for the preservation, enhancement and management of the special features of the environmental protection area, including as may be relevant to the area to which the order applies, policies and measures for-
  
(a) the preservation of marine and terrestrial flora and fauna including the regulation of hunting and fishing;

(b) the protection of water supplies, water catchment areas and mineral resources;

(c) the prevention of erosion, landslides and flooding;

(d) the control of fires;

(e) the control of pollution;

(f) the designation of special resource and use areas in the coastal zone;

(g) the use and development of land so as to sustain the local economy of the environmental protection area;

(h) the designation of permitted and prohibited land uses, development and other activities;

(i) the prohibition, restriction or regulation of access to any area and the prevention of squatting;

(j) the development of facilities for residents and visitors for the enjoyment of the special features of the environmental protection area;

(k) the development of facilities for educational visits, study and research of the special features of the environmental protection area.
  

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     (3) In consultation and co-ordination with the Ministers responsible for the Ports Authorities Act No. 12 of 1990, the Power-craft Ordinance No.1 of 1972, the Fisheries Ordinance No. 18 of 1979, and the Marine Parks and Protected Areas Ordinance, No. 8 of 1979, the Authority may designate in an environmental protection area, any area of the foreshore or the sea-bed as a special resource and use area, that is to say an area where public use of certain lands and waters of the foreshore or sea-bed needs to be controlled or protected to ensure the safety and welfare of the public and for the preservation of the coastal environment, namely areas-
  
(a) designated as protected swimming and surfing areas where other potentially conflicting uses are prohibited;

(b) designated for -

(i) anchoring;

(ii) mooring;

(iii) beaching;

of ships, yachts, motor-boats, boats and other water-craft, including restrictions on the numbers and kinds of ships, yachts, motor-boats, boats, and other water-craft that may be anchored, moored, or beached in any particular bay or other coastal area at one time;

(c) where the use of equipment for-

(i) wind-surfing;

(ii) water-skiing; or

(iii) any other water-related sport, including sport-fishing, scuba-diving, and spear-fishing;

is prohibited.
  

     (4) Prohibited and permitted activities in special resource and use areas designated pursuant to this section shall be as specified in the development plan, or prescribed by regulations made under this Act.
  
Public
Participation
14. (1) During the preparation of a development plan and before finally determining its content for submission to the Minister, the Authority shall take such steps as in its opinion will ensure -
  
(a) that adequate publicity is given in the area to which the plan relates to the matters which it proposes to include in the proposals;

(b) that persons who may be expected to desire an opportunity of making representations to the Authority with respect to those matters are made aware that they are entitled to an opportunity of doing so; and

(c) that such persons are given an adequate opportunity of making such representations.
  

     (2) The Authority shall consider any representations made to it within the prescribed period.
  
Consideration of draft development plan 15. (1) When the Authority has prepared a draft development plan it shall submit a copy to the Minister and shall deposit a copy at the offices of the  Authority and at such other place or places as the Authority considers to be most effective for bringing it to the notice of persons residing, working or owning property in the area to which the draft development plan proposals relate, or who are likely to be affected by the proposals in the draft development plan.

     (2) The Authority shall give notice in the Gazette and at least one newspaper circulating in the Territory of the depositing of a draft development plan, and of the places where it may be examined, and shall give such other publicity to and written or oral explanation of the draft development plan as, in its opinion, is best calculated to inform all persons affected or likely to be affected by the proposals in the draft development plan, and all persons of the right to make representations with regard to the proposals in the draft development plan.

     (3) Any person may, within eight weeks of the publication in the Gazette of the notice referred to in subsection (2), make either oral or written representations on the draft development plan to the Authority.

     (4) When the Authority submits a draft development plan to the Minister, it shall be accompanied by a statement of the steps taken by the Authority to comply with the provisions of this section and section 14 and the particulars of the consultations held with other persons with respect to the proposals in the draft development plan.

     (5) After the expiration of the period prescribed for making representations on a draft development plan, the Authority shall meet and consider the draft development plan and the representations and comments made, and shall forward the same together with its own recommendations and comments to the Minister.
  

Approval of development plan 16. (1) The Minister, after considering a draft development plan which has been submitted to him under section 15, and all comments, representations and recommendations made thereon, shall -
   
(a) adopt the draft plan and submit it for the approval of the Executive Council; or

(b) require further work on, or revision of the draft plan ; or

(c) require further consultations on the draft plan in whole or in part.
  

     (2) Where the Minister determines that before a draft development plan is adopted, further work on, or revision of, or consultation on, the draft plan is required, he may require the Authority to undertake such further work, revision or consultation as may be necessary and to give such publicity to the matter as will enable persons likely to be affected or interested to make representations or comments on the draft plan.

     (3) Unless the Minister otherwise directs, the provisions of section 15 shall apply to any modifications, work or revision undertaken by the Authority under this section and to the re-submission of the draft plan or any modification thereof.

     (4) Where a draft development plan called a National Physical Development Plan is approved by the Executive Council under paragraph (1)(a) with or without modifications, the Minister shall lay the draft National Physical Development Plan in the Legislative Council. 

     (5) The National Physical Development Plan shall be subject to affirmative resolution of the Legislative Council.
  

Deposit of approved plan 17. (1) When a development plan for a specified part of the Territory has been approved by the Executive Council, or a National Physical Development Plan has been approved by the Legislative Council as the case may be, a copy of the plan shall be deposited at the Land Registry, and at public libraries and post offices in the parts of the Territory to which the plan relates, and the substance of the plan shall be publicised in the area or areas to which it applies, in such manner as the Authority may direct.

     (2) Notice of the approval by the Executive Council of a development plan for a specified part of the Territory or the approval by the Legislative Council of a National Physical Development Plan, as the case may be, shall be published in the Gazette and the plan shall come into effect on the date of such publication.

     (3) Copies of a plan shall be available for inspection and purchase, at all reasonable times at the offices of the Authority, at such price as may be prescribed.
  

Modification or revocation of a plan 18. (1) The Minister may at any time when he considers it appropriate, require the Authority to review or to prepare proposals for the modification or revocation of any plan, or part thereof.

     (2) Without prejudice to subsection (1), it shall be the duty of the Authority to keep under review the operation of any plan in the light of changing circumstances in the Territory and in the area to which it applies, and the Authority may prepare proposals for the modification of revocation of any plan as it sees fit and shall submit the same to the Minister.

     (3) The provisions of this Part with respect to the 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 or revocation of a plan.

     (4) The modification or revocation of an approved development plan for a specified part of the Territory shall be submitted by the Minister for the approval of the Executive Council.

     (5) The modification or revocation of an approved National Physical Development Plan shall be subject to affirmative resolution of the Legislative Council.

     (6) Notice of the modification or revocation of an approved plan shall be published in the Gazette and at least one newspaper circulating in the Territory.
  

Legal status of development plans 19. (1) Where two or more development plans have been approved which apply in whole or in part to the same area and there is any conflict or discrepancy between them, then -
  
(a) the plan drawn to the larger scale shall have precedence;

(b) if the plans are drawn to the same scale, the later plan shall be deemed to have modified the earlier plan, unless there is an express provision to the contrary.
  

     (2) When a development plan has been approved -
  
(a) it shall be the principal reason for the compulsory acquisition of land designated in that approved development plan as a comprehensive planning area;

(b) it shall be the duty of all public officers to have due regard to, and so far as is practicable, be guided by the plan in formulating and preparing any project of public investment and development in the Territory;

(c) the Authority shall, in considering any application for development permission, give principal consideration to and be guided by the plan.
  

     (3) When a plan has been prepared but is not yet approved, paragraphs (2) (b) and (c) of this section shall apply as if the plan had been approved.

     (4) An approved development plan remains in effect until the date of the publication of a notice in the Gazette announcing its revocation.

 


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