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 -
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(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.
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(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.
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| 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 -
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(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.
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(5) A development plan may -
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(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.
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(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.
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| 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 -
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(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.
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(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
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(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.
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| 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-
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(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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Cap. 261
Cap. 84
Cap. 85 |
(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-
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(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.
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(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.
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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 -
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(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.
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(2) The Authority shall consider any representations made to it within the prescribed
period.
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| 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.
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| 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 -
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(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.
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(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.
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| 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.
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| 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.
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| 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 -
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(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.
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(2) When a development plan has been approved -
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(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.
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(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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