ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Interpretation

PART II
ADMINISTRATION

PART III
DEVELOPMENT PLANS

PART IV
MANAGEMENT OF DEVELOPMENT OF LAND

PART V
COMPLIANCE

PART VI
ENVIRONMENTAL PROTECTION

PART VII
COMPENSATION AND ACQUISITION

PART VIII
APPEALS

PART IX
MISCELLANEOUS & SUPPLEMENTARY

       (2) This Act or parts thereof shall come into operation on such date or dates as the Governor may appoint by Proclamation published in the Gazette.
  

     (2) In addition to the several duties imposed on him by this Act, the Minister is responsible for the framing and implementation of comprehensive policies with respect to the use and development of all land in the Territory in accordance with a development plan prepared under the provisions of Part III and shall in the framing and implementation of such policies have regard to the need to secure consistency.

     (3) In exercising his functions, the Minister shall be guided by the principle that the provisions of this Act shall be applied uniformly, fairly and equally to all persons.

     (4) Nothing in this section shall be construed as imposing upon the Minister either directly or indirectly any form of duty or liability enforceable in proceedings before any court.

     (2) The constitution and procedures of the Authority shall be in accordance with Schedule 1.

     (3) The Authority shall -
  

     (2) The Chief Planner shall be responsible to the Authority for the administration and operation of the system of planning for which this Act provides.

     (3) The Chief Planner shall sign and issue all development permissions, refusals of development permission, compliance notices and other documents authorised by the Authority to be issued under the provisions of this Act.

     (4) The Chief Planner has the powers conferred upon him by this Act and the duties that he is required by this Act or by the direction of the Authority to perform.
  

     (2) If authorised for the purpose by the Chief Planner in writing, any person exercising a function assigned to a planning officer by or under this Act shall be deemed, for the purpose of the exercise of that function, to be the proper officer for the exercise of that function, and shall be deemed to have the powers of a planning officer for the purposes of that function.

     (3) Neither the Chief Planner, nor any planning officer of the Authority, shall engage in any work, employment, contract, interest, activity or other involvement which is, or is likely to become, in conflict with his duties under this Act.
  

      (2) Any sums of money, damages or costs which may be recovered against the Authority or any of its members or officers for anything done or omitted to be done in the implementation of the provisions of this Act shall be paid out of the Consolidated Fund.

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

(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.
  

     (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 -
  

(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. 
  

(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.
  

     (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 -
  

(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.

(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.
  

(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.
  

(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.
  

(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 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.
  

(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.
  

     (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.
  

     (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.
  

     (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.
  

(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.
  

(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.
  

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

     (2) The Minister may by order grant permission to any class of development specified in the order either unconditionally or subject to such conditions or limitations as may be specified in the order, without the requirement for the making of an application for grant of express development permission. Any such class of development is hereinafter referred to as "permitted development".

     (3) Every development order made under subsection (2) shall be subject to negative resolution of the Legislative Council.

     (4) No department of Government, nor statutory undertaker, nor other agency of Government having responsibility for the issuing of any licence, permit, approval, consent or other document of authorisation pursuant to any other written law or regulation in connection with any matter related to or affecting the development of land, shall issue such licence, permit, approval, consent or other document of authorisation unless it has established that express development permission with respect to the proposed development has been granted under this Act, or is not required.

     (5) A notice of the grant of development permission shall be displayed prominently and maintained on any land on which development as defined in this Act is taking place, unless that development is permitted development authorised by a development order made by the Minister under subsection (2).

     (6) This Act does not exempt any development from the requirements imposed upon such development by any other written law or regulation.
  

     (2) Where the Authority is of the opinion that an application for outline development permission ought not to be considered separately from further information, it shall within 30 days of the receipt of the application notify the applicant that it is unable to entertain the application and shall invite the applicant to submit the required further information under paragraphs 23 (1) (a) or (b).

     (3) Notwithstanding subsection (1) and without restricting the generality of subsection (2) the Authority shall not entertain applications for outline development permission for development for which it is determined that environmental impact assessment is required under section 26, or for development which is subject to the provisions of Part VI.

     (4) The Authority may grant development permission expressed to be a detailed development permission the effect of which is to permit the carrying out of operations in, on, over or under any land, the making of a material change in the use of any building or land or the sub-division of land, subject to the terms and conditions of the grant of detailed development permission.

(b) be made in such manner as may be prescribed by the regulations made under section 82;

(c) include such information as may be required by the regulations or by directions given by the Authority or the Chief Planner; and

(d) be accompanied by the fee prescribed therefor.
  

(b) at his own expense, cause an environmental impact statement provided for under section 26, or economic feasibility study to be prepared of the proposed development and submitted to the Chief Planner.
  

     (3) Where an applicant does not furnish the Chief Planner with the further information required under paragraphs (1) (a) and (b) within the period prescribed in the notice or such longer period as may be granted by the Chief Planner, the Authority may decline to determine the application and may return the application to the applicant with a notice to that effect, or the Authority may refuse to grant development permission, as it thinks fit.
  

(b) give details of his application to the persons or authorities specified in the notice;

(c) affix a notice in a secure manner and in a prominent position on the land to which the application relates notifying passers-by that an application to develop land has been submitted to the Authority and giving details of the application;

(d) invite comments and representations on the application to be submitted to the Authority in writing within 28 days of the publication or provision of the details of the application or of the affixing of the notice on the land as the case may be.
  

(b) for permission to develop land in an environmental protection area;

(c) for which it is determined by the Authority that environmental impact assessment is required;

(d) for permission to carry out mining operations or minerals processing;

(e) for permission to deposit, store or otherwise deal with toxic or hazardous waste;

(f) for permission to develop any manufacturing process which will involve either directly or as waste, the production of toxic or other hazardous substances;

(g) for permission to carry out development for the keeping of poultry, pigs, goats or other livestock;

(h) for permission to carry out development for the purposes of an auto-repair shop, garage, or gas-station;

(i) for permission to carry out development for the purposes of a slaughterhouse, premises for the plucking of poultry or the processing of fish;

(j) for permission to carry out development for the purposes of a casino, gambling hall, bingo hall, recreation club, music hall, dance hall, discotheque, theatre, cinema or sports hall, premises for the sale and consumption of intoxicating liquor, or premises for the sale of hot food.
  

     (4) The Authority shall not determine an application for development permission falling within subsection (2), or otherwise prescribed, until all comments and representations received within the period specified in paragraph (1) (d) have been considered.
  

     (2) Notwithstanding the provisions of subsection (1) the Authority may require environmental impact assessment of any development (other than development set out in Schedule 3) where it is of the opinion that significant adverse environmental impact could result.

     (3) On receipt of an application for development permission, the Authority shall determine whether environmental impact assessment of the proposal is required having regard to -
  

(b) the geographical extent, scale and location of the proposed development;

(c) the extent and significance of the changes to the environment likely to be caused by the proposed development;

(d) the extent of general knowledge about the nature of the proposed development and its likely impact on the environment;

(e) any development plan for the area;

(f) any other matter as may be prescribed in the regulations.
  

     (5) Where the Authority issues a notice under subsection (4) that environmental impact assessment is required, the applicant, or as the case may be, the person responsible, shall submit to the Authority an environmental impact statement on the development proposal in such form and containing such information as may be prescribed, and the applicant or, as the case may be the person responsible, shall comply with this requirement.

     (6) In this section "person responsible" includes any person at whose order or on whose behalf the development will be or is being undertaken, as may be appropriate in any particular case.

     (7) The Minister may make regulations prescribing the qualifications, skills, knowledge and experience which shall be possessed by persons preparing environmental impact statements and may cause a register of persons so qualified to be compiled and a person who is on such a register shall be deemed to be approved by the Minister to prepare environmental impact statements for the Territory.
  

     (2) An authority which receives a request in writing from the Chief Planner for its comments on an application for development permission shall reply to that request within 28 days or other such period as may be agreed between the Chief Planner and the authority.

     (3) Where the Chief Planner has not received a reply to a written request for comments on an application from an authority within the time specified or agreed, he may proceed to determine the application notwithstanding the absence of a reply from the authority.

     (4) The Authority shall not determine the application for development permission until all comments requested in respect of the proposed development and received within the period specified in subsection (2) have been considered.

     (5) Any public officer or other person such as is mentioned in subsection (1), or his representative, may be invited by the Authority to attend and speak at any meeting called to consider the relevant application.

(b) an approved development plan applicable to the land to which the application relates, if any.
  

(b) views expressed by any authority consulted under section 27;

(c) any statement of policy issued by the Minister;

(d) any information, study or report provided by the applicant in response to a notice served under section 23;

(e) the likely impact of the proposed development on the natural or built environment;

(f) the likely impact of the proposed development on public health and safety;

(g) the susceptibility of the land to any natural or man-made hazards;

(h) the social and economic costs and benefits likely to accrue to the community as a result of the proposed development;

(i) policies on the use of land for agricultural purposes which have been issued by the Minister responsible for agriculture;

(j) the suitability of the land for the purposes intended;

(k) the quality and economy of the proposed development and of its design;

(l) the proposals made in the application for the means of access to, from and within the development, and for the provision of utility services to the development;

(m) the availability of water, electricity and waste disposal services;

(n) traffic considerations;

(o) the area of land required for the proposed development;

(p) such other planning matters as the Chief Planner considers to be relevant to the determination of the particular application.
  

     (4)  The Authority may, in addition to the matters set out in subsection (2) take into account any other material planning considerations notwithstanding that the Chief Planner has not advised the Authority on these matters.
  

(b) grant development permission subject to such conditions as it thinks fit; or

(c) refuse permission.
  

(b) information on the opportunities available to the applicant for appeal against the determination.
  

     (4) Where no decision is made within 90 days of receipt of the application and no notification of an extended date has been issued to the applicant, that application shall be deemed to have been refused for the purposes of paragraph 68 (2) (a).

     (5) For the avoidance of doubt, it is hereby declared that a development permission granted after expiration of the 90 day period referred to in subsection (4) is effective as a development permission for all purposes except those of paragraph 68 (2) (a).
  

(i) that an application which departs from an approved development plan has been received;

(ii) of the places where the application may be inspected by persons interested; and

(iii) that a public inquiry to examine the application will be held at a place specified in the notice, and at a time not being less than 28 days from the date of the notice; and

(b) invite comments and representations on any such application to be submitted to the Authority either orally at the public inquiry or in writing within a specified period not being less than 28 days from the date of the notice; and

(c) take into account any report, representation, or comment submitted to it under this section, including the findings of the public inquiry held under this section.
  

(i) the timing and phasing of the implementation of the development;

(ii) the dimensions, design, structure, or external appearance of any buildings or the number or disposition of any buildings on the land which is the subject of the development permission;

(iii) the location, design or materials of construction of any means of access from the development to a public road;

(iv) the disposal of sewage, effluent or trade waste from the development;

(v) the supply of water to the development;

(vi) the landscaping of the development;

(vii) the preservation of trees, vegetation or other natural features of the land where the development is to take place;

(viii) the preservation of any buildings or sites of importance to the cultural heritage of the Territory;

(ix) the reservation of any part of the land on which the development is to take place for roads, open space or other public or communal purposes reasonably incidental to the development;

(x) the nature of the materials to be used in any building or engineering operations in the development;

(xi) the routing of any vehicles or vessels to be used for the purpose of or in connection with the development;

(xii) the removal of materials or waste from such land or adjacent land used for the purpose and the carrying out of any works required for the reinstatement, restoration, or preservation of the land and the environment when the development is completed;

(b) regulating the development or use of any land under the ownership or control of the applicant (whether or not it is land in respect of which the application was made, provided that where such land is not included in land which is the subject of the development permission it shall be adjacent to the land which is the subject of the development permission) including the discontinuance of any existing uses of the land or requiring the carrying out of works including the demolition of any buildings on such land or the removal of plant and machinery from the land so far as appears to the Authority expedient for the purposes of or in connection with the development authorised by the permission;

(c) requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised at the expiration of a specified period, and the carrying out of any works required for the reinstatement of the land at the expiration of that period;

(d) regulating the use which may be made of any building or use of land authorised by the development permission notwithstanding an order made under subsection 20 (2);

(e) controlling or prohibiting the display on the land comprising the development, of any advertisement including the size, shape, colour or location of any such advertisement;

(f) requiring continuous environmental monitoring of the development authorised by the development permission;

(g) regulating the hours of work during which the development authorised by the permission may operate;

(h) the retention of any existing development or use of land to which the application relates, for a specified period;

(i) the payment of money or money's worth or the conveyance of land to the Crown in lieu of works required under the development permission;

(j) the entering into a performance bond by the applicant with the Minister to guarantee the implementation of any of the conditions subject to which the grant of development permission is made.
  

     (3) A development permission granted subject to any such condition as is referred to in paragraph (1) (c) is in this Act referred to as "permission granted for a limited period only".

     (4) The Authority shall not, by virtue of anything said in or following discussions or negotiations which may have taken place between any proposed developer and the Chief Planner or any person acting on his behalf as to any proposed or contemplated development, be bound to grant development permission in relation to any such development nor, if development permission is granted in respect of any such development, shall anything so said in any way preclude the Authority from granting it subject to any conditions that the Authority may consider proper.

     (5) No claim to compensation or damages shall lie against the Government, the Minister, the Authority, the Chief Planner or other public officer in respect of, or arising out of, or in connection with, any refusal of permission for development in relation to which subsection (4) applies, nor shall any such claim lie in respect of, or arising out of, or in connection with, the grant of any such permission subject to such conditions as the Minister or the Authority considers proper.

     (6) No claim to compensation shall lie against the Government, the Minister, the Authority, the Chief Planner or any other public officer in connection with or arising out of the grant by the Authority of development permission subject to conditions.
  

     (2) Without restricting the generality of subsection (1), terms and conditions may be included in an agreement -
  

(b) providing for contribution (whether of works, money or land) by the applicant towards the provision of services, facilities (including their future maintenance) and amenities in the area in which the proposed development is to be carried out;

(c) for the provision of security by the applicant for ensuring due compliance with the agreement.
  

     (4) An agreement made under this section shall not be entered into except by an instrument executed