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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 IX


VIRGIN ISLANDS
DRAFT PLANNING ACT
JUNE 1997
(continued)


PART IX
MISCELLANEOUS AND SUPPLEMENTARY

Powers of entry 75. (1) Subject to subsection (2), the Minister, any member of the Authority, the Chief Planner, or any person authorised by him in writing, may during all reasonable hours enter on any land or in any building -
(a) to inspect or survey the land, or any building for the purpose of the preparation of any development plan, or to decide on whether or not any development plan should be prepared under the provisions of Part III;

(b) to obtain information relevant to the determination of any application for development permission or for any other consents, or permits provided for under this Act;

(c) to determine whether any breach of planning control is being or has been undertaken on the land or in any building thereon;

(d) to determine whether any order or interim order should be made under Part VI or for the exercise of any powers conferred by any such order;

(e) for the purposes of determining whether or not any compensation is payable under Part VII, or as to the amount thereof;

(f) to ensure compliance with the Act and regulations.

     (2) Any person who enters on any land or building under the provisions of this section, without the consent of the owner or occupier thereof, shall give such owner or occupier not less than twenty-four hours written notice of his intention so to do and the intended purpose of such entry; and if the person entering requires to search and bore for the purpose of examining the nature of the sub-soil, that fact shall be stated in the notice.

     (3) Before exercising any powers under this section, the Chief Planner or any other person concerned, shall provide evidence of his identity and authority to the occupier or other person who is or appears to be in control of the land or building concerned.

     (4) The powers conferred by this section shall be deemed to extend to permit the Chief Planner or other person concerned to make such examination and inquiries as are necessary to achieve the purposes for which the entry was authorised.

     (5) If any damage is caused by reason of the exercise of any right of entry conferred by this section, or in the making of any survey for the purpose for which such right of entry was conferred, or by the wrongful or negligent use of powers, conferred, or alleged to have been conferred, by this section, the Authority as soon as may be after such entry, shall pay compensation to the person injured thereby. If the amount of such compensation cannot be agreed, the amount payable shall be determined in the same manner as compensation payable under subsection 59 (10), and the Chief Planner shall refer the matter accordingly.
  

Service of notices 76. (1) Any notice or other document required or authorised to be given or served under this Act or under any regulation, order, direction or other instrument made under this Act may be served on or given to the person concerned -
  
(a) by delivering it to that person;

(b) by leaving it at the usual or last known place of abode of that person;

(c) by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode or business or, where an address for service has been given by that person, to that address;

(d) in the case of a body corporate, or unincorporated body, by delivering it to the secretary or other officer of that body at its registered or principal office in the Territory, or by sending it in a prepaid registered letter addressed to the secretary or other officer of that body at that office;

(e) where a facsimile phone number has been provided by a person, by a facsimile transmission which provides confirmation of receipt.
  

     (2) Where the notice or other document is required to be served on or given to a person as having an interest in premises, or on any person as the owner or occupier of premises and either the name of that person cannot be ascertained after reasonable inquiry, or it appears that any part of the land is unoccupied, the notice shall be deemed to be duly served if it -
  
(a) is addressed to "the owner of "; or "the occupier of "; or "the owner and occupier of "; or "any person having an interest in"; as the case may be, the premises or that part of the land (describing it); and

(b) is marked in such a manner that it is plainly identifiable as a communication of importance; and

(c) is sent in a pre-paid registered letter to the premises and is not returned to the Authority; or

(d) is delivered to some adult person on those premises; or

(e) is affixed securely and prominently to some conspicuous part of the premises.
  

     (3) In any case where a notice or other document has been served by a means other than personal delivery, it shall be deemed to have been served, given or delivered four days after it was left, mailed or affixed, as the case may be, or if it was sent by facsimile transmission, on the day after it was so sent.
  
Power to require information 77. For the purpose of enabling the Minister, the Authority or the Chief Planner to make an order or serve a notice or other document under the provisions of this Act, the Chief Planner may require the owner or the occupier of any premises, and any person who either directly or indirectly, receives rent in respect of any land or premises, to state in writing the nature of his interest therein, and the name and address of any other person known to him to have an interest therein, whether as a freeholder, mortgagee, lessee or otherwise.
Register of planning decisions    
78. (1) The Chief Planner shall maintain a register of all -
  
(a) applications for a grant of development permission;

(b) decisions on applications referred to in paragraph (a) and any conditions attached to development permissions;

(c) development agreements under section 32;

(d) performance bonds under section 33;

(e) notices of modification or revocation of grant of development permission;

(f) compliance notices, stop orders, and injunctions;

(g) any decisions made, orders or notices served under Part VI;

(h) claims for compensation under section 59;

(i) decisions on appeals against any decisions, orders or notices made or actions taken under this Act.
  

     (2) Any person who so requests shall be provided by the Chief Planner with a copy of any entry in the register upon payment of the prescribed fee.

     (3) The register required to be maintained by subsection (1) shall include an index which shall be in the form of a map and both the register and the index may be kept in an electronic data storage and retrieval system whether by use of a computer or otherwise.

Notification of decisions to Registrar of Lands   
79. (1) The Chief Planner shall notify the Registrar of Lands, giving full details with respect to the parcels of land affected, of every -
  
(a) decision on applications for grant of development permission and any conditions attached to development permissions;

(b) development agreement;

(c) performance bond;

(d) modification or revocation of a grant of development permission;

(e) compliance notice;

(f) listed building or listed site;

(g) preservation order or interim preservation order;

(h) plant preservation order;

(i) amenity order;

(j) claim for compensation;

(k) decision on appeals against decisions, orders or notices made or actions taken under this Act.
  

     (2) The Registrar of Lands shall duly record the matters referred to in subsection (1) on the Land Register.
  

Death of person having claim or right 80. Any reference in this Act to any person having a claim for or a right to the payment of compensation, or to appeal against any decision given under this Act, upon the death of that person before the determination of the matter at issue, shall be construed as if such reference were a reference to that person's personal representatives.
  
Offences 81. (1) Any person commits an offence who -
  
(a) without reasonable excuse fails to comply with the requirements of -

(i) a compliance notice issued under section 39;

(ii) a stop order issued under section 44;

(iii) the provisions of subsections 49 (2) and 51 (1) regarding listed buildings and listed sites;

(iv) an interim preservation order made under section 52 or a preservation order made under section 53;

(v) a plant preservation order made under section 54;

(vi) an amenity order made under section 55;

(vii) the advertisement regulations made under section 56; or

(b) assaults, hinders or obstructs the Authority or a public officer in the exercise of any powers, or the performance of any duties, under this Act;

(c) wilfully gives false information, relating to any matter in respect of which he is required to give information under this Act;

(d) having been required to give information in pursuance of section 77, without reasonable excuse fails to give that information within twenty-eight days of being so required, or such longer period as the Chief Planner may allow in any particular case;

(e) having been given information under this Act, or having obtained any information in the course of his duties under this   Act, makes any unauthorised disclosure of that information to any person who is not required to receive that information;

(f) fails to comply with any regulations made with respect to the control of any activities in any environmental protection area; or

(g) contravenes any other provisions of this Act or the regulations made under it.
  

     (2) A person who commits an offence under subsection (1) is liable -
  

(a) on summary conviction to a fine not exceeding --- thousand dollars, and if, in the case of a continuing offence, the contravention continues after such conviction, he is guilty of a further offence and is liable to an additional fine of --- hundred dollars for each day on which the contravention continues;

(b) on conviction on indictment, to a fine not exceeding --- hundred thousand dollars, and in the case of a continuing offence he is guilty of a further offence and liable to an additional fine of ------------dollars for each day on which the contravention continues.
  

     (3) A person who commits an offence under paragraphs (1) (b) or (1)(e), is liable, in addition to the fines provided for in paragraphs (2)(a) and 2(b), to imprisonment for a term not exceeding ---------------.

     (4) In determining the amount of any fine to be imposed on a person convicted of an offence under subsection (1), the Court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

     (5) For the purposes of sub-paragraph (1)(a)(vii) and without restricting the generality thereof, a person shall be deemed to display an advertisement if-
  

(a) the advertisement is displayed on the land of which he is the owner or occupier; or

(b) the advertisement gives publicity to his goods, trade, business or other concerns.
  

     (6) A person shall not be guilty of an offence under sub-paragraph (1)(a)(vii) by reason only that an advertisement is displayed on land of which he is the owner or occupier, or that his goods, trade, business or other concerns are given publicity by the advertisement, if he proves that it was displayed without his knowledge or consent.

     (7) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or of any person who was purporting to act in such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

     (8) Proceedings in respect of an offence alleged to have been committed under this Act may be brought, with the approval of the Authority, by the Chief Planner, provided that if it is considered that the gravity of the offence requires that it be tried on indictment, proceedings shall only be brought by or with the consent of the Attorney General.
  

Regulations 82. (1) The Minister may make regulations for carrying into effect the provisions of this Act.

     (2) Without derogation from the generality of the power conferred by subsection (1), such regulations may provide for -
  

(a) development which may be permitted by order made by the Minister under subsection (2) of section 20, without the requirement of express grant of development permission;

(b) the designation of use classes by an order made by the Minister under paragraph (h) of the definition of "development" in subsection 2(1);

(c) the procedures to be followed and the form of any form, notice, order or other document authorised or required by this Act to be served, made or issued, in connection with -

i) applications for a grant of development permission;

ii) consultations on applications for development permission;

iii) the modification or revocation of a grant of development permission;

iv) compliance notices;

v) claims for compensation;

(d) the procedures for environmental impact assessment and the form of environmental impact statements;

(e) the regulation of subdivision of land;

(f) the making up of undeveloped private streets;

(g) the procedures for the conduct of public inquiries held under section 30;

(h) fees payable for the purposes of the Act;

(i ) the qualifications required of persons signing forms, plans and drawings on behalf of any applicant for development permission and the qualifications required of persons preparing environmental impact statements;

(j) the control of advertisements;

(k) the preservation of buildings, sites or plants;

(l) the form of the register to be maintained under section 78.
  

Repeal and savings

Cap. 241

 

83. (1) The Land Development (Control) Act No. 3 of 1969 is repealed.

     (2) Notwithstanding subsection (1), any subsidiary legislation made under the enactment repealed by this Act, and in force immediately prior to the coming into operation of this Act shall, so far as it is not inconsistent with the provisions of this Act, continue in force, as if made under this Act.
  

     (3) Any form used, and any requirement as to the particulars to be entered in any form used for the purposes of the enactment repealed by this Act, shall continue in force as though prescribed under this Act until other forms or particulars are so prescribed.

     (4) Where a period of time specified in the enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when the period began to run.

     (5) Notwithstanding subsection (1) all grants of development permission, conditions imposed, and proceedings taken under the enactment so repealed shall remain valid and offences committed under that Act shall remain offences.

     (6) All powers and duties conferred or imposed by this Act, unless otherwise expressly provided, are in addition to and not in derogation of any other powers and duties conferred or imposed by any other Act, and subject to any express provision of this Act, all such other powers and duties may be exercised and shall be performed in the same manner as if this Act had not been passed.

 


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