59. (1) Where development permission has been revoked or modified by notice under section 37, a claim for compensation may be made to the Minister in the manner prescribed, by -
  

(i) expenditure incurred necessarily arising out of commencing to develop or developing in accordance with the permission, that is rendered abortive by the revocation or modification; or

(ii) loss or damage sustained by the claimant which is directly attributable to such revocation or modification; or

(b) any person with an interest in the land or who has lent money on the security of the land, in respect of loss or damage sustained by the claimant which is directly attributable to such revocation or modification.
  

(b) the person claiming compensation acquired an interest in the land or building to which the development permission relates for valuable consideration, after the grant of that development permission and such development permission, at the material time, had not lapsed under the provisions of section 34.
  

     (4) No compensation shall be payable under this section -
  

(b) in respect of any other loss or damage (not being loss or damage consisting of depreciation in the value of an interest in the land) arising out of anything done or omitted to be done before the grant of that permission; or

(c) where the development permission which is revoked or modified was based on incorrect or misleading information submitted in the application for development permission or by the applicant.
  

(b) any restriction imposed on the existing lawful use of land by reason of the declaration of an environmental protection area under section 58, in a case where the Minister does not acquire private land included in the environment protection area.
  

     (7) When a claim is made under this Part, the Minister by written notice served on the claimant, may require the claimant to provide such further information in support of the claim as may be specified in the notice, and a decision on the claim may be deferred until such further information has been supplied by the claimant.

     (8) Where a claim for compensation has been made to the Minister he shall consult the views of the Authority, who after making such enquiries as it thinks fit shall submit its own recommendation on the matter to the Minister.

     (9) Where it appears to the Minister that the decision which gave rise to the claim for compensation might properly be withdrawn or modified, he may refer the matter to the Appeals Tribunal for its determination as if the claim for compensation had included an appeal against the decision which gave rise to the claim.

     (10) Where such a claim for compensation cannot be settled through negotiation between the claimant and the Minister, the Minister shall refer the question as to whether any compensation is payable to the claimant, or as to the amount thereof, for decision by a Board of Assessment which for the purpose shall be constituted as provided by the Land Acquisition Ordinance, No. 4 of 1957, and the provisions of that Ordinance shall apply mutatis mutandis to the assessment of compensation payable under this Part as they apply in the case of compensation payable under the Land Acquisition Ordinance.
  

(b) a claim for any part of such compensation may be made by any mortgagee of that interest, but without prejudice to the making of a claim by the person entitled to the interest;

(c) no compensation to which this section applies shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and

(d) any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.
  

(b) be deposited with the Registrar of Lands;
  

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

(c) the amount of the compensation and any apportionment of it among claimants.
  

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

     (3) Where the only landward access to a beach is through an existing private development where traditional public use pursuant to subsection (2) of this section has not been established, the Crown may acquire the right to public use of that beach access by gift, agreement, compulsory acquisition, or in exchange for other property, interest, or financial exemption, or by such other means as the Minister may recommend.

     (4) Where a proposed development is likely to adversely affect the public's ability to access a beach from the landward side, any development permission shall require as a condition, a landward public access to the beach through the development at all times free of charge.

     (5) In this section "traditional public use" means peaceable, open and uninterrupted enjoyment for a period of twenty years.
  

     (2) A development plan shall not designate any land as a comprehensive planning area if it appears to the Authority that the acquisition is not likely to take place within seven years from the date on which the plan is approved.

     (3) Where any land is designated by a development plan as a comprehensive planning area, then if at the expiration of seven years from the date on which the plan, or the amendment of the plan, by virtue of which the land was first so designated came into operation, any of that land has not been acquired by the Minister, any owner of an interest in the land may serve on the Minister a notice requiring the interest of the owner in the land to be acquired and if, within six months after the service of that notice the interest of the owner in the land has not been so acquired, the development plan shall have effect, after the expiration of the six months, as if the land in which the said interest subsists was not subject to compulsory purchase.
  

     (2) The compulsory purchase of a building or site under subsection (1) shall not commence unless at least two months previously, the Authority has served on the owner of the building or site, and has not withdrawn, a notice in this section referred to as a "repairs notice" -
  

(b) explaining the effect of subsection (1).
  

     (4) The Minister shall not make or confirm a compulsory purchase order under this section for the acquisition of any listed building or listed site, or a building or site which is the subject of a preservation order, unless he is satisfied that it is expedient to make provision for the preservation of the building or site and to authorise its compulsory acquisition for that purpose.
  

66. (1) Without prejudice to the provisions of sections 63, 64 and 65, the Minister may acquire by agreement or compulsorily, any land within the Territory which is suitable for and is required in order to secure one or more of the following purposes -
  

(a) the provision of public open space;

(b) the making of a new road or the widening of an existing road designated in an approved development plan made under Part III;

(c) for giving in exchange for land appropriated for other planning purposes;

(d) for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.
  

     (2) In considering whether or not to acquire any land for planning purposes, the Minister shall have regard to -
  

(a) the provisions of any approved development plan so far as material;

(b) whether planning permission for any development of the land is in force;

(c) any other considerations such as are set out in section 28 so far as would be material for the purpose of determining an application for development permission on the land.