| Compilation
of a list in respect of buildings or sites which are of special
interest |
48. (1) In this Part, "building or
site of special interest" means -
(a) any building;
|
|
(b) part thereof;
(c) group of buildings; or
(d) site;
|
|
which appears, or which is determined in
accordance with the provisions of this Part, to be of special
architectural, cultural, historic, or archaeological interest.
|
|
(2) The Authority
may, and if so directed by the Minister shall, cause a survey of the
whole or any part of the Territory to be made with a view to
determining whether, having regard to the importance of preserving
the architectural, cultural, historic and archaeological heritage of
the Territory any building, or part thereof, or group of buildings,
or site ought to be preserved or protected, as hereinafter provided.
(3) For the purposes of this Part, a
group of buildings may be protected if by reason of their proximity
and relationship to each other, it is considered desirable that the
group as a whole should be preserved.
(4) The Authority shall compile, or
cause to be compiled, or adopt the compilation of a list of
buildings or sites of special interest in any area, and may amend,
add to or delete from any list so compiled and submit that list or
amended list to the Minister for his approval.
(5)The list shall identify the buildings
or sites of special interest by reference to a map and shall include
a description of the special features of architectural, cultural,
historic or archaeological interest.
(6) Prior to compiling, adopting or
amending any list thereunder, the Authority shall consult with the
Minister responsible for national heritage and with the National
Trust and such other persons or bodies of persons as appear to
it appropriate as having special knowledge of, or interest in
buildings or sites of special interest.
|
| Publication
of provisional list |
49. (1) As soon as may be after the
compilation of a list or the amendment of a list, and before
submitting the list for the approval of the Minister, the Authority
shall -
|
|
|
(a) publish a notice in the Gazette and at least one
newspaper circulating in the Territory, announcing the compilation
of the list or amendment of the list and of the place or places
where the list or the amended list may be inspected and the notice
shall invite representations to be made to the Authority within 28
days in respect of the matters contained therein;
(b) serve notice on every owner and occupier of a building or
site which has been placed on or excluded from a list of buildings
or sites of special interest informing them of that fact.
|
|
(2) Without
prejudice to the provisions of Part IV with respect to the grant of
development permission, subject to this section so long as a
building or site (not being a building or site to which a
preservation order applies) is included in a provisional list under
this section, no person shall -
|
|
|
(a) execute or cause or permit to be executed any
operations or works for the demolition, alteration or extension of
the building, in any manner which would materially affect its
character as a building of special interest; or
(b) execute or cause or permit to be executed any operations or
works in, on, under or over the site in any manner which would
destroy, damage, remove or disturb the features of the site which
are of special interest or otherwise materially affect its character
as a site of special interest;
|
|
unless no less than 60 days prior to the
execution of the works, notification of the proposed works has been
given in writing to the Authority.
(3) Nothing in subsection (2) shall
render unlawful the execution of any works which are urgently
required in the interests of safety or health, or for the
preservation of the building, site, or neighbouring property,
provided that notice in writing thereof has been given to the
Authority as soon as may be after the necessity for the work arises.
|
| Approval of a
list |
50. (1) The Authority shall consider all
representations received within the period specified in paragraph 49
(1) (a) with respect to a list or the amendment of a list, and shall
submit to the Minister -
|
|
|
(a) a summary of the representations received;
(b) the recommendations of the Authority on the representations;
and
(c) the Authority’s views of the items to be included in or
excluded from the list, as the case may be.
|
|
(2)
The Minister having considered the matters set out in subsection (1)
shall determine the items to be included in the list.
(3)As soon as may be after the approval
of a provisional list under this section, the Authority on being
informed of that fact by the Minister, shall serve a notice in the
prescribed form on every owner and occupier of the buildings or
sites affected, that the buildings or sites have been included in or
excluded from the list, as the case may be.
|
| Listed
building consent or listed site consent |
51. (1) Without prejudice to the
provisions of Part IV relating to applications for grant of
development permission, it is an offence without the prior written
consent of the Authority -
|
|
|
(a) to execute or cause or permit to be executed any
works for the demolition, alteration or extension of a listed
building in any manner which would materially affect its character
as a building of special interest;
(b) to execute or cause or permit to be executed any works in,
on, under or over a listed site in any manner which would destroy,
damage, remove or disturb the features of the site that are of
special interest or would otherwise materially affect its character
as a site of special interest.
|
|
(2) Nothing in
subsection (1) shall render unlawful the execution of works which
were urgently required in the interests of safety, health, or the
preservation of the building or site, provided that written notice
of the need for the works had been given to the Authority as soon as
reasonably practicable.
(3) An application for the consent of
the Authority to execute works which would materially affect the
character of a listed building or listed site as a building of
special interest, or as a site of special interest, as the case may
be, shall be made in the manner prescribed.
(4) Works which would materially affect
the character of a listed building or listed site as a building of
special interest or as a site of special interest, are authorised if
-
|
|
|
(a) prior written consent for their execution has been
granted by the Authority;
(b) the works are executed in accordance with the terms of the
consent and of any conditions which may be attached to it.
|
|
(5) In
considering an application for consent under subsection (3) the
Authority shall have particular regard to the desirability of
preserving the building or site and any features of special interest
which it possesses.
(6) There shall be a right of appeal
under section 68 against the refusal of consent to carry out works
on a listed building or in, on, under, or over a listed site, but
where such an appeal is made, the refusal of listed building consent
or listed site consent remains in full force and effect
notwithstanding the making of the appeal, pending the determination
of the appeal.
|
| Interim
preservation orders in respect of buildings or sites |
52. (1) Where it appears to the Authority
on its own initiative, or on the representation made to the
Authority or to the Minister by a person or body of persons, that it
is desirable having regard to the importance of preserving the
architectural, cultural, historic or archaeological heritage of the
Territory, to make provision for the preservation of any building,
group of buildings, or site of special architectural, cultural,
historic or archaeological interest in the Territory, (not being a
building, group of buildings or site listed under section 50) the
Authority may for that purpose make an interim preservation order
restricting -
|
|
|
(a) the demolition, alteration or extension of a
building, or group of buildings; or
(b) the destruction, damage, removal or disturbance of the
features of a site that are of special interest.
|
|
(2) A copy of an
interim preservation order shall-
|
|
|
(a) be served on every owner and occupier of the
building, group of buildings, or site concerned;
(b) be affixed in a prominent place on each building or site to
which the order applies;
(c) specify the building, group of buildings or site to which it
relates;
(d) state the effect of the interim order and when it comes into
effect; and
(e) invite the owners and occupiers and any other person with an
interest in the building, group of buildings or site to make
representations within 28 days of the service or the affixing of the
interim preservation order.
|
|
(3) An interim
preservation order shall be in force for a period of 90 days and
shall cease to have any effect at the termination of that period
unless it is confirmed by the Minister before the termination of
that period.
(4) Where an interim preservation order
has been made in respect of a building, group of buildings, or site
and while it is in force, any person who executes or causes or
permits the execution of -
|
|
|
(a) works for the demolition, alteration or extension
of that building or group of buildings;
(b) works which would destroy, damage, remove or disturb the
features of the site that are of special interest;
(c) any other works other than essential repairs or maintenance
on that building, group of buildings or in, on, under or over that
site;
|
|
without first obtaining permission from
the Authority, shall be guilty of an offence.
(5) In considering whether to grant, with
or without conditions, or to refuse consent for the works set out in
subsection (4), in addition to any other matters which, under the
provisions of this Act, it is required to take into account, the
Authority shall have regard to -
|
|
|
(a) the matters mentioned in subsection 48 (3) and
subsection (1) of this section ;
(b) the desirability of allowing such economic activity within
the building, group of buildings or site as will facilitate its
continued preservation and use;
(c) the quality of architectural design of any proposed additions
to, or new buildings within the curtilage of, the building, group of
buildings or site.
|
|
(6) Notice of the
service of an interim preservation order and of the opportunity for
any member of the public to make written representations on, or
objections to the interim preservation order within 28 days of the
date of the notice, shall be published in at least one newspaper
circulating in the Territory.
(7) After considering the
representations of the owners and occupiers and any other
representation made under subsection (6) and the comments of the
Authority on any such representation, the Minister may -
|
|
|
(a) confirm with or without modifications; or
(b) cancel;
|
|
the interim preservation order.
|
| Preservation
orders in respect of buildings or sites |
53. (1) An interim preservation order
shall from the date of the confirmation with or without
modifications thereto become a preservation order.
(2) Notice of the making of a
preservation order shall be published in the Gazette and at least
one newspaper circulating in the Territory.
(3) A preservation order shall-
|
|
|
(a) be served on every owner and occupier of the
building, group of buildings or site to which it applies;
(b) specify the building, group of buildings or site to which it
applies;
(c) state the effect of the order and when it comes into effect;
and
(d) inform the owner and occupier of the building, group of
buildings or site of the opportunities for making an appeal against
the order under paragraph 68 (2) (f).
|
|
(4) Where an appeal is made
against a preservation order, the order shall remain in full force
and effect notwithstanding the making of the appeal.
(5) The provisions of subsection 52(4)
apply to a preservation order as they apply to an interim
preservation order.
|
| Plant
preservation orders |
54. (1) Where the Authority after
consultation with the Minister responsible for the environment, is
of the opinion that it is desirable for amenity, environmental,
landscape, scientific or similar reasons that any plant or group or
species of plants, ought to be preserved, the Authority may make a
provisional plant preservation order with respect to such plant,
group or species of plant.
(2) A provisional plant preservation
order shall be in force for a period of 90 days and shall cease to
have any effect at the termination of that period unless it is
confirmed by the Authority before the termination of that period.
(3) A person who without the permission,
with or without conditions, of the Authority, cuts down, tops, lops,
digs up or destroys the plant, group or species of plant, to which a
provisional plant preservation order or a plant preservation order
applies, is guilty of an offence.
(4) No provisional plant preservation
order or plant preservation order made under this section shall
apply to the cutting down, topping or lopping of plants or trees
that are dying or dead or have become dangerous, or the cutting
down, topping or lopping of any plants or trees in compliance with
any obligation imposed by or under any Act or so far as may be
necessary for the prevention or abatement of a nuisance.
(5) A copy of a provisional plant
preservation order shall-
|
|
|
(a) be served on every owner and occupier of the land
on which the plant, group or species of plants, to which the order
applies is situated;
(b) specify the plant, or group or species of plant, to which it
applies;
(c) define the position of the plant, group or
species of plant, by reference to a map which shall be available for
inspection at a place specified in the order;
(d) state the effect of the plant preservation
order and when it comes into effect; and
(e) inform the owner and occupier and any other person with an
interest in the land on which the plant or group or species of
plant, is situated, of the opportunities for making an appeal
against the plant preservation order under paragraph 68 (2)(g).
|
|
(6) Where an
appeal is made against a provisional plant preservation order, the
order shall remain in full force and effect notwithstanding the
making of the appeal.
(7) The Authority before
determining whether to confirm the plant preservation order shall
take into consideration any appeal made in accordance with paragraph
68 (2) (g).
(8) Notice of the confirmation of a
plant preservation order shall be published in the Gazette and in at
least one newspaper circulating in the Territory.
|
| Amenity orders |
55. (1) In any case in which the Authority
considers that any land is-
|
|
|
(a) unsightly and injurious to the amenity of the
area, and visible to persons using a public road or any other area
to which the public has a right of access; or
(b) likely to be or is offensive to persons residing in the
immediate neighbourhood of such land, by reason of any waste,
rubbish, derelict or abandoned machinery or articles or materials of
any kind, or the dilapidated state of any structure or building
thereon;
|
|
it may prepare and submit to the Minister
a draft amenity order.
(2) An amenity order shall state
clearly -
|
|
|
(a) the land to which it applies, and the owner or
occupier thereof;
(b) any matter that is required to be cleared;
(c) in the case of an order requiring clearance, the matter which
must be destroyed, or the place, being an authorised place for the
disposal of rubbish, to which it must be removed, as appropriate;
(d) if screening is required to be carried out, the requirements
to effect the screening;
(e) in the case of a building, the manner in which the building
is required to be repaired, painted or demolished, in whole or in
part;
(f) where the Authority is aware that the occupier of land to
which an amenity order is made is not the owner, the action that is
required to be taken by the occupier and the action to be taken by
the owner;
(g) the time, not being less than 28 days from the date of
service of the order upon the owner or occupier, for compliance with
the order;
(h) the opportunities for making an appeal against the order
under paragraph 68 (2)(h).
|
|
(3) A draft
amenity order prepared by the Authority under subsection (1) shall
be submitted to the Minister, together with a statement by the
Authority in support of the proposed action.
(4) Where the order is approved by the
Minister, copies shall be served on the owner or occupier of the
land concerned, or if no such person can be found, may be served by
affixing a copy of the order in a conspicuous place on the land
concerned.
(5) If any person upon whom an amenity
order is served fails to comply with the requirements of the order,
within the time specified in that order or any extension thereof
approved by the Authority, the Authority may arrange for the work to
be carried out at the expense of the person who is in default, and
the Minister may recover the cost of so doing as a civil debt from
the person in default.
|
| Control
of advertisements |
56. (1) Subject to this section, provision
may be made by regulations under this Act for restricting or
regulating the display of advertisements so far as appears to the
Minister to be expedient in the interest of amenity or public
safety, and without restricting the generality of the foregoing, any
such regulations may provide - |
|
|
(a) for regulating the dimensions, appearance and position of
advertisements that may be displayed, the sites on which the
advertisements may be displayed, and the manner in which they may be
affixed to land;
(b) for the Minister to grant permission by regulations for the
display of any class of advertisement specified in the regulations,
either unconditionally or subject to such conditions or limitations
as may be specified in the regulations, without the requirement for
the making of an application for express grant of development
permission;
(c) for enabling the Authority to require the removal of any
advertisement that is being displayed in contravention of the
regulations, or the discontinuance of the use for the display of
advertisements of any site that is being used for that purpose in
contravention of the regulations, and for that purpose for applying
any of the provisions of Part V with respect to compliance notices,
subject to such adaptations and modifications as may be specified in
the regulations;
(d) for the constitution, for the purposes of the regulations, of
such advisory panels as may be prescribed by the regulations, and
for determining the manner in which the expenses of any such panels
are to be defrayed.
|
|
(2) Regulations
made under this section may be made so as to apply to advertisements
that are being displayed on the date on which the regulations come
into force, or to the use for the display of advertisements of any
site that was being used for that purpose on that date.
(3) Regulations made under this section
may provide for exempting therefrom-
|
|
|
(a) the continued display of any such advertisement as
referred to in subsection (2); and
(b) the continued use for the display of advertisements of any
such site as referred to in subsection (2);
|
|
during such period as may be prescribed in
that behalf by the regulations, and different periods may be so
prescribed for the purposes of different provisions of the
regulations.
(4) Regulations made under this section may
direct that any Act, regulations or bylaws, affecting the display of
advertisements in force on the day when the regulations made under
this section come into operation, shall not apply to the display of
advertisements in any area to which the regulations made under this
section apply.
(5) Regulations made under this section
may make different provisions with respect to different areas and in
particular may make special provision -
|
|
|
(a) with respect to environmental protection areas;
(b) with respect to areas defined for the purposes of the
regulations as areas of special control, being areas which appear to
the Minister to require special protection on the grounds of
amenity.
|
|
(6) In exercising
the powers conferred by this section the Minister shall-
|
|
|
(a) in the interests of amenity, determine the
suitability of sites for the display of advertisements having regard
to any development plan applicable to the area and to the general
characteristics of the locality including the presence of any
feature of architectural, cultural, historic, archaeological,
scientific or similar interest and the natural beauty or scenic
value of the locality;
(b) in the interests of public safety, have regard to the safety
of persons who may use any road, dock, harbour or airfield and in
particular shall consider whether any display of advertisements
thereon is likely to hinder or obscure any road or traffic sign or
any aid to navigation by air or water.
|
| Supplementary
provisions as to advertisements |
57. (1) Without prejudice to the
generality of section 56 and the provisions of section 81, the
Authority may remove or obliterate any billboard, placard, poster,
wall painting or other advertisement which in its opinion is
displayed in contravention of the regulations.
(2) Every billboard, placard, poster,
wall-painting or other advertisement shall display legibly and
prominently and identify at all times -
|
|
|
(a) the name of the person who displayed it or caused
it to be displayed;
(b) the date and permit number of the grant of development
permission to use the building or other land for the purposes of the
display of advertisement;
|
|
(3) Where a
billboard, placard, poster, wall painting or other advertisement
identifies the person who displayed it or caused it to be displayed,
the Authority shall not exercise the power conferred by subsection
(1) unless it has first given that person notice in writing that -
|
|
|
(a) in the opinion of the Authority it is displayed in
contravention of the regulations;
(b) the Authority requires him to remove or obliterate it within
a period specified in the notice not being less than two days from
the date of service of the notice;
(c) that on the expiry of the period specified in the notice, if
steps have not been taken to remove or obliterate it, the Authority
intends to take those steps.
|
|
(4) Where the
Authority has exercised the power conferred by subsection (1) the
Minister may recover as a civil debt from the person on whom the
notice was served, the expenses reasonably incurred by the Authority
in the exercise of the power.
|
| Environmental
protection area order |
58. (1) Where the Minister is of the
opinion that it is desirable to afford special protection to an area
designated an environmental protection area in a development plan on
account of the matters set out in subsection 12 (3), he may by order
declare that area an environmental protection area.
(2) An order made under subsection (1)
may -
|
|
|
(a) prohibit any development within the area or any
part thereof;
(b) designate any part of the environmental protection area as
being an area in which, subject to the grant of development
permission, only certain development or classes of development may
be permitted;
(c) authorise the carrying out in the environmental protection
area of such works and the doing on the land of such other things as
may be expedient for the protection of the area as an environmental
protection area;
(d) provide for control over use of land within the environmental
protection area for purposes of agriculture or forestry;
(e) without prejudice to the provisions of Part IV, require that
any person who proposes to undertake any activity or enterprise in
the environmental protection area (not being an activity or an
enterprise involving development) of a description or category as
may be prescribed shall, no less than 60 days before commencing,
notify the Authority of his proposals and furnish the Authority with
such documents and information as it may require;
(f) require that environmental impact assessment be undertaken
with respect to any proposal to carry out in the environmental
protection area an activity, enterprise, works or development
referred to in paragraphs (b) to (e);
(g) restrict or prohibit the entry into the area of any person or
the movement of, or any activity carried out by, any person in the
area. |
The