PART I - PRELIMINARY Short title and commencement

1. This Act may be cited as the Physical Planning Act, 2021 and shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint.

Interpretation

      2.         In this Act, unless the context otherwise requires  —

“advertisement” means any word, letter, model, sign, placard, banner, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purpose of advertisement, announcement or direction, and includes any hoarding or similar structure, wall, pole or fence, used or adapted for the display of advertisements, and references to the display of advertisements are construed accordingly;

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

“Appeals Board” means the Appeals Board referred to in section 39.

“Authority” means the Planning Authority established under section 4(1);

“beacon” has the meaning assigned to it in the Land Survey Act (Cap. 109);

“Board” means the Board of the Planning Authority referred to in section 9(1);

“building” includes a structure or an erection or the part of such structure or erection but does not include plant or machinery comprised in a building;

“building operations” includes  — (a)   construction of new buildings; (b)   rebuilding operations;

3. structural alteration of or addition to buildings; 

4. erection of retaining walls and boundary walls; and

5. any excavations below the ground or any road or other work or activity preliminary or incidental to the erection of buildings;

“Chief Executive Officer” means the Chief Executive Officer appointed under section 13(1);

“committees” means such committees appointed under section 12;

“committee member” means a member of a committee appointed under section 12.

“Deputy Chief Executive Officer” means the Deputy Chief Executive Officer appointed under section 14(1);

“developer” means a person who intends to effect or effects any development and may include a contractor;

“development” has the meaning given to it by section 33 and “develop” is construed accordingly;

“development plan” means the development plan prepared under section 27;

“dilapidated building” means a building fallen into a state of disrepair or deterioration or fallen into ruin, through neglect and  aesthetically detrimental to the amenity of an area;

“enforcement notice” means a notice served under section 57;

“engineering operations” includes the formation or laying out of means of access to roads;

“erection” in relation to buildings, includes extension, alteration and re-erection;

“estate” means an aggregation of four or more parcels of land which are, or were prior to any subdivision, part of the same parent parcel whether in co-ownership or otherwise;

“estate developer” means any person who creates an estate by subdivision or undertakes any development on an existing estate;

“highway authority” means an authority responsible for the maintenance of a public road;

“land” includes land covered with water, the sea-bed and any building or other thing attached to land or permanently fastened to anything attached to land;

“land use plan” includes the land use plan, the associated scheme texts and scheme maps for every district, zone, island or group of islands in Seychelles, prepared pursuant to section 22;

“member” means a person appointed as member of the Board under section 9(2);

“mineral” includes all minerals and substances including oil in or under land of a kind ordinarily worked for removal by underground or by surface working;

“Minister” means the Minister responsible for land use planning and development and “Ministry” is construed accordingly;

“National Land Use Plan” means the National Land Use Plan prepared pursuant to section 23;

“no development zone” means the land prescribed as such under section 22(2)(c) where no development shall be carried out, and includes the land declared as such under section 32(1);

“notice of immediate enforcement” means a notice served under section 60;

“prescribed” means prescribed by regulations made under this Act;

“road” means any road whether public or private and includes any street, square, court, alley, lane, bridge, footway, trace, bridle path, passage, or highway, whether a thoroughfare or not;

“statutory undertaker” means a person authorised by a written law to carry on a light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier, lighthouse and includes a telecommunication undertaking, or any 

undertaking for the supply of electricity, gas, hydraulic power or water, and “statutory undertaking” is construed accordingly;

“secretary” means the secretary to the Board appointed under section 10(1);

“stop notice” means a notice served under section 56;

“subdivision”, means any sale, partition, lease or dealing in land which has the effect of dividing land under one title whether in co-ownership or otherwise, into two or more parcels of land; and

“use” in relation to land, does not include the use of land by the carrying out of any building or other operation thereon.

PART II - THE PLANNING AUTHORITY

Sub-Part I - Establishment of Planning Authority

Establishment of Planning Authority

4.(1) There is hereby established an Authority to be known as the Planning Authority.

         (2)    The Authority shall be a body corporate. 

Objects of Authority

      5.         The objects of the Authority shall be  — 

1. to promote and ensure orderly and sustainable use and development of land in Seychelles;

2. to facilitate inter-agency co-operation in planning and development of land in Seychelles; and

3. to safeguard the immediate and long-term public interest in the processes and effects of planning and development of land in Seychelles.

Functions of the Authority

6. The functions of the Authority shall be to administer and enforce the provisions of this Act, and in particular to  — 

1. prepare land use plans and development plans for, and manage and control the development of, all land in Seychelles;

2. advise and make recommendations to the Minister on matters relating to land use planning and development with a view to promote sustainable land use planning and development of all land to which this Act applies; and

3. perform such other functions, consistent with the objects of the Authority, as may be prescribed.

Powers of Authority

7.  The Authority shall have the powers necessary for the performance of its functions or for facilitating the performance of those functions.

Power of Minister to issue policy directives 

8. The Minister may issue administrative directives to the Authority on policy matters.

Sub-Part II - Board of Authority

Board of Authority

9.(1) The affairs of the Planning Authority shall be managed by a Board appointed by the President in consultation with the Minister.

2. The Board shall consist of 9 members and the President shall appoint one of the members as Chairperson of the Board.

3. The members of the Board shall consist of the following  — 

   1. a representative of the Ministry responsible for Land Use Planning and Development;

   2. a representative of the Ministry responsible for Environment;

   3. a representative of the Public Health Authority;

   4. a representative of the Ministry responsible for Transport;

   5. four members having wide knowledge and experience in the field of land use planning and development; and 

   6. the Chief Executive Officer, ex-officio.

4. The Minister shall select the members specified under subsection 3(e) and furnish a panel of qualified persons to the President.

5. The Mayor of Victoria shall be co-opted as a member on matters relating to Victoria.

6. The President shall cause a notice of the appointment of the members and the Chairperson to be published in the Gazette.

7. The Chairperson and the members shall hold office for a term of three years and shall be eligible for re-appointment.

8. The Chairperson and the members shall be paid such fees or remuneration as may be prescribed.

9. The Chairperson or a member other than the Chief Executive Officer may resign from his or her office by giving three months' notice in writing to the President, in the case of a member transmitted through the Chairperson, and the resignation shall take effect upon the expiration of the period of notice.

10. The President may remove the Chairperson or a member from office where the Chairperson or the member  —

    1. is unable to perform the functions of his or her office; 

    2. has been absent for three consecutive meetings of the Board without leave of the Board;

    3. has neglected the duties of the member; 

    4. is guilty of misconduct; or 

    5. fails to disclose his or her interest in accordance with section 19(1) or (2).

11. Where the Chairperson or a member resigns or is removed from office, the Board shall appoint a person to hold office for the unexpired term of appointment of the outgoing Chairperson or member until his or her successor in office is appointed under this section.

12. The Board shall observe such rules of procedure (including quorum) in transaction of business in its meetings as may be prescribed.

Secretary

10.(1) The Board shall appoint, from among the staff of the Authority, a person to be the secretary of the Board.

2. The secretary shall set the agenda and meetings of the Board, record the minutes of meetings, maintain all records relating to activities conducted by the Board and perform such other functions as may be assigned to him or her by the Board.

3. The secretary shall be paid such fees or remuneration as the Board may determine.

Co-opted person

11.(1) The Board may co-opt any person with sufficient knowledge and experience to advise the Board on matters of a technical nature. 

           (2)   A person co-opted under subsection (1)  —

1. shall not vote on any matter before the Board; and 

2. may be paid such fees or remuneration as the Board may determine. 

Committees

12.(1) The Board may, after consultation with the Minister, appoint such committees as may be necessary for the efficient performance of the functions and exercise of the powers by the Authority.

2. The members of any committee appointed under subsection (1) shall be paid such fees or remuneration as the Board may determine.

3. The composition and proceedings of any committee appointed under subsection (1) shall be such as may be prescribed.

Sub-Part III - Administration of Authority

Chief Executive Officer

13.(1) The President shall, upon the recommendation of the Board, and after consultation with the Minister, appoint a suitable person as Chief Executive Officer of the Authority on such terms and conditions as may be prescribed.

2. The Board shall, before making a recommendation under subsection (1), advertise the post of Chief Executive Officer specifying the qualifications for the post, and make its recommendation from persons who have so applied.

3. The Chief Executive Officer shall, subject to the direction and control of the Board, be responsible for  —

   1. the implementation of the decisions of the Board;

   2. the administration of the day to day affairs of the Authority and its staff;

   3. authenticating all documents on behalf of the Authority; and

   4. such other functions as the Board may assign to him or her.

Deputy Chief Executive Officer

14.(1) The President shall, upon the recommendation of the Board, and after consultation with the Minister, appoint a Deputy Chief Executive Officer, on such terms and conditions as may be prescribed.

2. The Board shall, before making a recommendation under subsection (1), advertise the post of Deputy Chief Executive Officer specifying the qualifications for the post, and make its recommendation from persons who have so applied.

3. The Deputy Chief Executive Officer shall  —

   1. discharge the functions of the Chief Executive Officer when the Chief Executive Officer is absent, on leave or has delegated functions to the Deputy Chief Executive Officer; and

   2. perform such other functions as the Board may assign to him or her.

Employees of Authority

      15.     The Authority may, on such terms and conditions as it thinks fit —

1. employ such officers and other members of staff; and

2. engage under contract for services, such other persons to provide professional, technical and other assistance,

as is necessary for the effective performance of the functions, exercise of the powers and attainment of the objects of the Authority.

Sub-Part IV - Funds and accounts of Authority

Funds of Authority

      16.(1)   The funds of the Authority shall consist of  —

1. moneys appropriated by the National Assembly for the use of the Authority; and

2. moneys lawfully received by the Authority from any other source, including donations, gifts or grants for the purpose of discharging the functions of the Authority.

           (2)   The funds of the Authority shall be applied in  —

1. the payment or discharge of expenses, debts and other obligations properly incurred in the performance of the functions of the Authority; and

2. the payment of fees and remuneration to the members, officers and other employees, and members of committees, or service contractors of the Authority.

Financial year, accounts and audit

      17.(1)  The financial year of the Authority shall be the calendar year.

2. The Authority shall keep proper accounts and other relevant record of accounts, and prepare in respect of each financial year a statement in such form and manner as approved by the Auditor General.

3. The accounts of the Authority shall be audited in accordance with Article 158 of the Constitution. 

Annual Report

18. (1) The Authority shall, at the end of each financial year, prepare an annual report of the activities and operations of the Authority during that year and submit such report for approval by the Board.

2. The Authority shall, not later than three months after the end of the financial year to which the report relates, submit the annual report together with a copy of the report by the Auditor General on the statement of accounts or on the accounts of the Authority to the Minister. 

3. The Minister shall, not later than 3 months from the date of receipt, cause a copy of the report under subsection (2) to be submitted to the National Assembly.

4. The Authority shall, in case of any activities that may have an impact on the Republic, make a special report to the Minister.

Sub-Part V - Disclosure of interest, protection and confidentiality

Disclosure of interest

19.(1) A member or committee member shall, upon his or her appointment, disclose to the Board in writing any direct or indirect interest that he or she has in any corporate or unincorporated body or otherwise which may constitute a conflict of interest with the functions of the member or committee member.

2. A member or committee member who has a direct or indirect interest in a matter being dealt with by the Board or the committee, as the case may be, shall  —

   1. disclose such interest at the meeting at which the matter is being dealt with; and

   2. not attend the deliberations or participate in the decisionmaking process of the Board or the committee in relation to that matter. 

3. A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made.

4. A member or a committee member who knowingly contravenes subsection (1) or (2) shall be liable to removal from office.

Protection of members and other persons 

      20.(1)   The Authority shall be liable for any decision made by it.

2. Notwithstanding subsection (1), no civil or criminal liability shall attach to the Authority, a member, a committee member or an officer or employee of the Authority, as the case may be, in respect of any act done or omitted to be done in good faith in the performance of their functions.

3. All members, committee members, officers and employees of the Authority shall be deemed to be employed in the public service for the purposes of sections 91 to 96 of the Penal Code.

Confidentiality

      21.                Members, committee members, officers or employees of the 

Authority shall not divulge or disclose any information acquired by reason of their membership of the Board or a committee, or holding of office or employment, except  —

1. in the performance of a function or the discharge of a duty under or in connection with this Act; or

where disclosure is permitted by law or an order of the Court.

PART III - LAND USE PLANS AND DEVELOPMENT PLAN

Sub-Part I - Preparation and review of land use plans, development plan, scheme maps and scheme texts

Land use plans for districts, zones and groups of islands

22.(1) The Authority shall, as soon as practicable, but not later than ten years after this Act comes into operation, prepare a land use plan for every district, zone, and island or group of islands in Seychelles.

2. A land use plan prepared under subsection (1) shall indicate  —

   1. the use, state of development and protection status of land in the district, zone, island or group of islands;

   2. the classification of land use in the district, zone, island or group of islands in accordance with the classification of land use as may be prescribed;   

   3. such land as may be prescribed on which no development may be carried out;

   4. the public easement rights towards sea, land or otherwise which shall reflect on the relevant register kept by the Registrar General relating to the respective lands; and

   5. such other matters as may be prescribed.

3. The form and the manner for preparation of a land use plan shall be such as may be prescribed.

National land use plan

23.(1) The Authority shall, after completion of the land use plans for all districts, zones, islands and group of islands, prepare a National Land Use Plan.

(2) The National Land Use Plan shall consist of a compilation of all land use plans.

Update of land use plan

24.(1) The Authority shall, once in every five years after the date on which the land use plan for any district, zone, island or group of islands comes into operation, update the land use plan.

2. For the purposes of subsection (1), the Authority shall assess all developments in the district, zone, island or group of islands to which the land use plan relates and shall indicate any new developments on the updated land use plan.

3. Where a land use plan is updated under subsection (1), the classification of land use shall not be changed except on the grounds of  —

   1. national security, public welfare, health and safety;

   2. natural causes and disasters.

4. Where, as a result of an update of a land use plan under subsection (1), any change is made to the land use plan, the National Land Use Plan shall be updated so as to reflect such change.

Review of land use plan and National Land Use Plan

25.(1) The Authority shall, once in every ten years after the date on which the National Land Use Plan comes into operation and thereafter once in every ten years or at such period as the Minister may, by notice in the Gazette allow, review the land use plan for every district, zone, island or group of islands and the National Land Use Plan in accordance with the provisions of this Act.

2. The manner of preparation of a land use plan, its approval and publication shall be such as may be prescribed.

3. The Authority shall give notice in the Gazette and in at least one daily newspaper that the land use plan for any district, zone or group of islands or the National Land Use Plan is under review.

Prohibition on development during review of land use plan

26.(1) The Minister may, at any time during the review of a land use plan for any district, zone, island or group of islands, on the advice of the Authority, by order published in the Gazette, prohibit all development in the whole or part of the district, zone, island or group of islands under review.

(2) An order for prohibition of development under subsection (1) shall have effect for a period not exceeding six months or such other period as may be prescribed.

Development plan

27.(1) The Authority may, as soon as practicable, but not later than five years after completion of the National Land Use Plan, prepare a development plan for the whole or part of Seychelles indicating the manner in which the Authority proposes that land is to be developed and the stages in which any such development may be carried out.

2. A development plan shall include such maps and descriptive matter as may be necessary to illustrate the proposal referred to in subsection (1) with such degree of particularity as may be appropriate for different parts of Seychelles, and may in particular define the sites of proposed roads, public and other buildings, works, airfields, reclamation areas, nature reserves, parks, pleasure grounds and other open spaces.

3. The form and manner for preparation of a development plan shall be such as may be prescribed.

4. The Authority shall, once in every ten years after the date on which a development plan comes into operation and thereafter once every five years or at such period as the Minister may, by notice in the Gazette, allow the review of the development plan in the same manner as provided in subsections (1), (2) and (3).

5. The Authority shall give notice in the Gazette and at least in one daily newspaper that the development plan for the whole or part of Seychelles, as the case may be, is under review.

Sub-Part II - Approval, publication and effect of land use  plans and development plans

Approval and publication of land use plans, national land use plan and development plans

28.(1) A land use plan, National Land Use Plan or development plan and the update or review of such plans shall be approved by the Minister in such form and manner as may be prescribed. 

(2) The approval of the Minister under subsection (1) shall be published in the Gazette and in at least one daily newspaper, and the Authority shall make available for inspection by the public copies of the plans as approved by the Minister.

Validity of National Land Use Plan and development plan

29. (1) Subject to subsection (2), a land use plan, National Land Use Plan or development plan made for the whole or part of Seychelles, as the case may be, shall be valid for a period of ten years from the date on which the approval of the Minister is published under section 28(2).

(2) The Minister may, by notice published in the Gazette, extend the period of validity of a plan referred to in subsection (1) for a further period of two years.

Effect of approval and publication

30.(1) A land use plan, National Land Use Plan, the land use plans for the districts, zones, islands and groups of islands and a development plan for the whole or part of Seychelles, as the case may be, shall from the date of their publication under section 28(2), be binding.

2. Notwithstanding subsection (1), the land use plan for any district, zone, island or group of islands and the development plan for the whole or part of Seychelles, as the case may be, prepared by the planning authority established under the Town and Country Planning Act (Cap 237) sections 22 and 27, respectively, shall continue to be in force until the publication of a land use or development plan under this Act.

3. Subject to section 31, the Authority shall not approve an application for permission to carry out a development which is not in accordance with a National Land Use Plan, the land use plan for the district, zone, island or group of islands to which the application relates or the development plan for the whole or part of Seychelles, as applicable.

Approval of development not in accordance with land use plans in cases of national security, etc.

31.(1) Section 30(3) shall not apply to a development, where the Authority is satisfied that it is  —

1. in the interest of national security, public welfare, health and safety;

   1. in accordance with policy and development strategies of the Government; or

   2. not of a significant scale in relation to the approved development plan under the National Land Use Plan or the land use plan for the district, zone, island and group of islands.

2. The Authority shall, prior to approving an application for permission to carry out a development under subsection (1), submit a report to the Minister stating the reasons for allowing the development in the circumstances referred to in subsection (1) (a), (b) or (c), as the case may be. 

3. The Minister may, on receipt of the report under subsection (2), grant approval for such development.

Declaration of no development zones in cases of natural disasters

32.(1) Notwithstanding anything in this Part, the Minister may, if he or she is satisfied, at any time, on the advice of the Authority, that it is necessary for national security, public safety or due to the occurrence of a natural disaster to do so, declare any land as a no development zone. 

(2) A declaration under subsection (1) shall be published in the Gazette and shall come into effect on the date on which it is published.

2. If it appears to the Authority that the amenity of an area is seriously damaged by any rubbish or other material resulting from or exposed by the demolition or collapse of a building lying on site or on any adjoining land, the Authority may, in the interest of amenity, by notice, require the owner or occupier of the site or land, as the case may be, to take steps for removing the rubbish or material followed immediately by the implementation of a landscaping scheme submitted to and approved by the Authority.

3. Where the owner or occupier of the land or the building on whom a notice under subsection (1) or (2) has been served does not take action required by the notice, the Authority may take such steps as it may consider necessary in the circumstances and recover the cost of such action from the owner or occupier of the land or the building as a civil debt. 

4. The notice referred to in subsections (1) and (2) shall be in such form and manner as may be prescribed.

Control of advertisements

50.(1) The Authority shall, in the interests of amenity and public safety, regulate the display of advertisements in accordance with regulations made under this Act.

(2) A person shall not display any advertisement contrary to regulations made under this Act.

Permission for advertisements deemed to be granted

51. Where the Authority has granted permission to carry out  development and such development involves the display of advertisements, or advertisements relating to the development being carried out are displayed in accordance with regulations made under this Act relating to the display of advertisements, it shall be deemed that the permission for the display of such advertisements has been granted by virtue of this section and no application for the permission to display such advertisements shall be necessary.

PART V - COMPENSATION

Sub-Part I - Compensation for refusal or conditional grant of planning permission

Compensation for refusal or grant of permission subject to conditions

52.(1) In this Part, “planning decision” means a refusal of permission under Part IV, or a grant of permission subject to conditions by the Authority or the Appeals Board.

2. If on a claim made, it is shown that, as a result of a planning decision, the value of the interest of a person in the land to which the application relates is less than it would have been if the permission had been granted or had been granted without conditions, then, the Government shall, subject to the provisions of this section and the regulations made under this Act relating to compensation, be liable to pay compensation in an amount equal to the difference in the value. 

3. A claim for compensation under subsection (2) shall be made in the prescribed form, within 6 months of the date of the decision referred to in subsection (2), or such longer period as may be prescribed.

4. For the purposes of subsection (2), in determining whether and to what extent the value of any interest in land is less than it would have been if permission to develop the land had been granted or had been granted without conditions  —

   1. it shall be assumed that any subsequent application for permission in respect of the land would be determined in the same way; and

   2. any undertaking of the Authority, on the refusal of permission to develop the land or to grant permission for any other development of the land, in the event of an application being made in that behalf, shall be taken into consideration.

5. The compensation payable under this section shall, in default of determination by agreement, be determined by a Court of competent jurisdiction.

Compensation not payable in certain cases

53.(1) The compensation under section 51 shall not be payable in the following circumstances  —

1. in respect of the refusal of permission for any development that consists of, or includes, the making of any material change in the use of any buildings or other land;

2. in respect of the refusal of permission to develop land, if the reason or one of the reasons stated for the refusal is that the proposed development is not in accordance with the land use plan or development plan in force;

3. in respect of the refusal of permission to develop land, where the refusal is  —

   1. for the lack of environmental authorisation for the proposed development under the Environment 

Protection Act, 2016 (Act 18 of       2016); or

1. on the ground of non-compliance by the proposed development with the provisions of the Public Health Act, 2015 (Act 13 of 2015); or

   1. on the ground of non-compliance by the proposed development with the provisions of Chapter 6 of the Seychelles Institute for Culture, Heritage and the Arts Act, 2021.

2. in respect of the refusal of permission to develop land, if the reason or one of the reasons stated for the refusal is that development of the kind proposed would be premature by reference to one or more of the following matters, that is —

   1. the order of priority for development in the area in which the land is situated, indicated in the development plan for that area;

   2. any existing deficiency in the provision of water 

supplies or other utility services;

1. any existing deficiency in the means of access from the nearest public road;

   1. the suitability of the land for a particular development;

2. the suitability of the land for agriculture or for continued use for agricultural purposes; or

   1. the existence of other land which, in the opinion of the Authority, is more suitable for the proposed development in the land use plan or development plan in force;

3. in respect of the refusal of permission to develop land, if the reason or one of the reasons stated for the refusal is that the land is unsuitable for the proposed development on account of   —

   1. its excessive steepness; or

   2. its likelihood to flooding;

4. in respect of the imposition, on the grant of permission to develop land, of any condition relating to  — 

   1. the number or disposition of buildings on any land; 

   2. the dimensions, design, structure or external 

appearance of any building, or the materials to be used in its construction;

3. the manner in which any land is to be laid out for the purposes of the development, including the provision of facilities for the parking, loading or unloading or fuelling of vehicles on the land;

   1. the use of any buildings or other land; or

   2. the location or design of any means of access to a road, or the materials to be used in the construction of such means of access;

4. in respect of the imposition, on the grant of permission to develop land, of any condition mentioned in section 

37(1)(c) or (d);

8. in respect of any condition subject to which permission is granted for the mining and working of minerals; or

9. in respect of any planning decision on an application pursuant to regulations made under this Act for the regulation of the display of advertisements.

(2) For the purposes of this section, a planning decision whereby permission to develop land is granted subject to a condition prohibiting development of a specified part of that land shall be treated as a decision refusing permission with respect to that part of the land only.

No compensation if other development permitted

54.(1) Compensation under section 51 shall not be payable in respect of a planning decision whereby permission is refused for development of land if there is available, with respect to that land, permission for development of a residential, commercial or industrial character which consists wholly or mainly of the construction of houses, flats, shops or office premises, hotels, garages and petrol filling stations, cinemas or industrial buildings, including warehouses, or any combination thereof.

2. Where permission for a development specified in subsection (1) is available with respect to only a part of the land, this section shall have effect insofar as the interest in respect of which a claim for compensation is made subsists in that part.

3. Where a claim for compensation under section 51 is made in respect of an interest in any land, the permission for development referred to in subsection (1) shall, for the purposes of this section, be deemed to be available with respect to that land or a part thereof, if, immediately prior to the final determination of the claim for compensation, there is in force with respect to that land or part thereof, a permission or an undertaking by the Authority to grant permission for such development without conditions, other than the conditions mentioned in section 37(1)(c) or (d) or section 52(1)(d).

Sub-Part II - Compensation for revocation or modification of permission to develop land

Compensation for revocation or modification for reasons other than depreciation in value

55.(1) Where a permission to develop land is revoked or modified under section 43, the Government may pay compensation to the person interested in the land, in respect of  —

1. expenditure incurred by that person in carrying out work that is rendered unsuccessful pursuant to the revocation or modification of the permission; or 

2. the loss or damage sustained by that person, otherwise than under paragraph (a), that is directly attributable to the revocation or modification of the permission,

but no compensation shall be payable under this section in respect of loss or damage consisting of the depreciation in value of any interest in the land by virtue of the revocation or modification.

2. A claim for compensation under subsection (1) shall be made in writing to the Authority, in the prescribed form, within 6 months of the date of revocation or modification of the permission or such longer period as may be prescribed.

3. The compensation under this section shall not be payable for a revocation or modification of permission to develop land on the grounds specified in  —

   1. section 43(1)(a);

   2. section 43(1)(b) of the Act, if the change in circumstance, condition, or factual element in existence at the time, and on the basis of which, the application was granted is caused by the applicant; and 

   3. section 43(1)(d).

4. For the purposes of this section, the expenditure incurred in the preparation of plans for the purposes of any work or for similar matters preparatory to the work shall be deemed to be included in the expenditure incurred in carrying out that work but compensation shall not be paid in respect of  —

   1. other work carried out prior to the grant of the permission that is revoked or modified; or 

   2. other loss or damage, not being loss or damage consisting of the depreciation in value of an interest in land, arising out of anything done or omitted to be done prior to the grant of the permission that is revoked or modified.

5. Where compensation is payable under this section in respect of expenditure incurred in carrying out any work on land, the compensation shall be reduced by an amount equal to the value of the work, if  — (a) the Government purchases any interest in that land; or

(b) a claim for compensation is made in respect of an interest in that land under section 50.

Compensation for revocation or modification in cases of depreciation in value

      56.(1)   Where as a result of   —

1. the revocation of permission to develop land; or 

2. the modification of permission to develop land by the imposition of conditions, 

the value of the interest of any person in the land is less than it would have been if the permission had not been revoked or had not been modified, the Government shall, subject to the provisions of this section, section 51 and regulations made under this Act relating to compensation, pay to that person compensation of an amount equal to the difference in value.

2. A claim for compensation under subsection (1) shall be made in writing to the Authority, in the prescribed form, within 6 months of the date of the revocation or modification of permission or such longer period as may be prescribed.

3. For the purposes of subsection (1), in determining whether and to what extent the value of any interest in land is less than it would have been if the permission had not been revoked or modified  — 

   1. it is assumed that any subsequent application for permission in respect of the land would be determined in the same way; and

   2. regard shall be had to an undertaking of the Authority, on the revocation of permission to develop land, to grant permission for any other development of the land, in the event of an application being made in that behalf. 

4. The compensation payable under this section shall, in default of determination by agreement, be determined by the Court.

PART VI - ENFORCEMENT

Sub-Part I Stop notice

Stop notice

      57.(1)  Where the Authority has reasonable grounds to believe that  —

1. any development is being carried out on land without permission;

2. any development is being carried out on land contrary to permission granted; or 

3. any condition of permission granted for the carrying out of any development on land is not or has not been complied with,

the Authority may, at any time, serve a stop notice in respect of the development in accordance with the provisions of this section.

2. Where the Authority has initiated any proceedings for the revocation or modification of any permission under section 43, it may serve a stop notice in respect of the development permitted under such permission in accordance with the provisions of this section.

3. A stop notice may be served on  — (a) the owner or occupier of the land;

   2. the person representing the owner or occupier of the land for the purposes of making an application for permission to develop land; 

   3. the developer of the land; or

   4. the contractor or any other person carrying out, performing or undertaking works involved in the carrying out of the development.

4. A stop notice shall  —

   1. specify the development that is being carried out without permission or contrary to permission granted or the condition of permission granted that is not being or has not been complied with; and

   2. require the person on whom the notice is served to discontinue the development in whole or in part.

5. A stop notice served under subsections (1) or (2), shall come into force immediately upon service of the notice, and notwithstanding an appeal under section 39, shall remain in force until it is withdrawn by the Authority, the Minister or the Court in accordance with the provisions of this Act.

Sub-Part II - Enforcement notice

Enforcement notice

      58.(1)   The Authority may, —

1. at the time of service of a stop notice under section 56 or not later than 5working days after service of such notice; or

2. where the Authority has reasonable grounds to believe that any development is being carried out without permission, contrary to permission granted, or that any condition of permission granted for the development is not being or has not been complied with, as the case may be, at any time, whether or not a stop notice has been served under section 56,

serve on the person referred to in section 56 (3) (a), (b), (c) or (d),a notice to show cause as to why an enforcement notice should not be served on that person, failing which an enforcement notice shall be so served.

2. The show cause notice served under subsection (1) shall  —

   1. specify the development that is being carried out without permission, contrary to permission or the condition of the permission granted that is not being or has not been complied with, as the case may be, and the details of the non-compliance, as the case may be; and

   2. require the person on whom it is served, not later than 5 working days after service of the notice, to show cause as to why an enforcement notice should not be served, requiring the steps  — 

      1. specified in the notice to be taken for restoring the land to its condition prior to the development or to comply with such condition as the Authority deems necessary in the circumstances or for securing compliance with the condition that has not been complied with, as the case may be; or

      2. referred to in subparagraph (i) to be taken within the period specified in the notice.

3. Where a show cause notice is served on a person under subsection (1), the person, within 5 working days after the service of such notice,  —

   1. satisfies the Authority that an enforcement notice should not be served on him or her, the Authority shall not serve an enforcement notice on that person; or

   2. fails to satisfy the Authority that an enforcement notice should not be served on him or her, the Authority shall serve an enforcement notice on that person.

4. The enforcement notice served under subsection (3)(b) shall specify  — 

   1. the development that is being carried out without permission, contrary to permission granted or the condition of permission granted which is not being or has not been complied with, as the case may be; 

   2. the steps to be taken for restoring the land to its condition prior to the development or to comply with such condition as the Authority deems necessary in the circumstances or for securing compliance with the condition that is not being or has not been complied with; and

   3. the period within which the steps referred to in paragraph (b) shall be taken.

5. The steps for restoring the land to its condition prior to the development or for securing compliance with any condition of the permission granted referred to in subsection (2)(b)(i) or (3)(b) may, in particular, require the demolition or alteration of any buildings or works.

6. An enforcement notice shall come into effect after 14 working days of the service of that notice or on the final determination of an appeal under section 39, whichever is the later, where the notice requires a person to —

   1. restore any land to its condition prior to the development or use or comply with such condition as the Authority deems necessary in the circumstances; or

   2. demolish or alter any building or works undertaken prior to service of the notice.

Duty to inform

58.(1) Where a stop notice or an enforcement notice is served on a person other than the owner or occupier of the land to which the notice relates, the person on whom the notice is served shall, immediately, inform the owner or occupier of the land of such service and the contents and requirements of the notice, as the case may be, and the stop notice or enforcement notice shall contain a direction to that effect.

(2) Where a stop notice or an enforcement notice is served on the owner or occupier of the land to which the notice relates, the owner or occupier shall immediately inform  — 

1. the person representing the owner or occupier of the land for the purposes of an application for permission to develop land; 

2. the developer of the land; and

3. the contractor or any other person carrying out the development,

of such service, and the contents and requirements of the notice and the notice shall contain a direction to that effect.

Where person served with enforcement notice ceases to be owner of land

60.(1) Where an enforcement notice was served on a person who was the owner of the land prior to the expiry of the period specified in the enforcement notice or of such extended period as the Authority may allow for compliance with the notice and who subsequently ceased to be the owner of the land, then the new owner of the land, on an application made by that person, or the new owner, shall be made a party in any proceedings instituted in relation to the enforcement notice.

(2) If it has been proved that any steps required by the enforcement notice have not been taken and the person against whom proceedings was brought, proves that —

1. the failure to take the steps is attributable, in whole or in part, to the default of the new owner of the land at the relevant time, the new owner of the land shall be liable for non-compliance with the enforcement notice; and

2. he or she took all reasonable steps to secure compliance with the enforcement notice, he or she shall be discharged from the proceedings and of any liability.

Sub-Part III - Notice of immediate enforcement

Notice of Immediate Enforcement 

61.(1) Notwithstanding sections 56 and 57, where the Authority is satisfied on reasonable grounds that any development is being carried out without permission or contrary to the permission granted or that any condition of the permission granted is not being complied with or on public land without permission and there exists a threat to national security, public health or safety or the development has an adverse effect on public amenities, the Authority may serve a notice of immediate enforcement in accordance with the provisions of this section.

2. A notice of immediate enforcement under subsection (1) may be served on  — 

   1. the owner or occupier of the land;

   2. the person representing the owner or occupier of the land for the purposes of an application for permission to develop land; 

   3. the developer of the land; or

   4. the contractor or any other person carrying out, performing or undertaking works involved in the carrying out of, the development.

3. A notice of immediate enforcement under subsection (1) shall  —

   1. specify the development carried out and the reasons and grounds on which notice is served; and 

   2. give the person on whom it is served 24 hours or such shorter period as the circumstances may require to demolish or alter any building or work or take such other measures as the Authority deems necessary in the circumstances to eliminate the threat to the national security, public health or safety or adverse effect on public amenities.

Sub-Part IV - Powers of Authority to take steps required by a notice and appeals therefrom

Power of Authority to take steps required to be taken by enforcement notice 

62.(1) Subject to subsection (2), if within the period specified in an enforcement notice, or within such extended period as the Authority may allow for compliance with the enforcement notice, any steps required to be taken by the enforcement notice have not been taken, the Authority may authorise a person to enter on the land and take the steps required by such notice.

2. Subsection (1) shall not apply where the steps required to be taken by an enforcement notice consist in the discontinuance of any use of the land.

3. The Authority may recover the expenses reasonably incurred by it in taking the steps under subsection (1) from the owner of the land as an ordinary civil debt by an action before a Court of competent jurisdiction.

Power of Authority to take steps required to be taken by notice of immediate enforcement

63.(1) If, within the period specified in a notice of immediate enforcement, any steps required to be taken by the notice have not been taken, the Authority shall cause the authorised person to, immediately, enter on the land and take the steps required to be taken by the notice for the protection of national security, public health or safety or the preservation of public amenities, as the case may be.

2. If the Authority is unable to serve a notice of immediate enforcement on any of the persons referred to in section 60(2) within the time specified in the notice for compliance therewith, the Authority shall cause the authorised person to, immediately, enter on the land and take the steps required to be taken by the notice for the protection of national security, public health or safety or the preservation of public amenities, as the case may be.

3. For the purposes of subsection (2), the Authority is unable to serve a notice of immediate enforcement if the details or whereabouts of the persons referred to under subsection (2) are unknown and cannot be ascertained by the Authority within the time specified for compliance with the notice.

4. The Authority may recover any expenses reasonably incurred by it in taking the steps required to be taken by the notice of immediate enforcement from the owner of the land as an ordinary civil debt, by an action before a Court of competent jurisdiction.

Power of entry

64.(1) A person authorised, in writing by the Authority, may, at any reasonable time and with such assistance as the person considers necessary, enter upon any land for the purpose of surveying it in connection with  — 

1. the preparation, approval or making of a land use plan or development plan relating to the land, including the carrying out of any update or review of the plan under Part III;

2. any application under Part IV for any permission, consent or determination to be given or effected in relation to that or any other land;

3. the making or service of any notice, order or penalty;

4. determining whether the conditions subject to which 

permission to develop land has been granted are being complied with;

5. determining whether any notice or order is being complied with;

6. determining whether the provisions of this Act are being contravened; or

7. any claim for compensation payable by the Government.

8. A person authorised to enter upon any land under this section shall, if so required, produce evidence of that person's authority prior to so entering and, except in the circumstances specified in subsection (1)(b), (c), (d), (e), (f) or (g), shall not demand admission as of right to any land that is occupied unless 24 hours' notice of the intended entry has been given to the occupier of the land.

9. Where any land is damaged  —

   1. in the exercise of the power of entry under this section; or

   2. in the making of a survey for the purpose of which the power of entry under this section was conferred,

any person interested in the land may claim compensation in respect of that damage from the Government in the form and manner as may be prescribed.

4. The power to survey any land under this section shall include the power to search, dig, conduct tests or take samples for testing for the purpose of ascertaining the nature of the subsoil or the presence of minerals in the subsoil or the condition of a building.

5. A person shall not carry out any works authorised by subsection (4) unless a notice of his or her intention to do so has been included in the notice required under subsection (2).

Power to require information

65. Where this Act authorises or requires an order to be made or a notice or other document to be given or served, the Authority may, to enable the making of such order or the giving or service of such notice or document, require the occupier of any premises or any person who, directly or indirectly, receives rent in respect of the premises to state the nature of his or her interest in the premises and the name and address of any other known person having an interest therein, whether as owner, mortgagee, lessee or otherwise.

Liability of person by whom development was carried out

      66.       Any  —

1. expenses incurred by the owner or occupier of any land or a contractor or other person carrying out development on the land for the purpose of complying with an enforcement notice or notice of immediate enforcement; and 

2. the moneys paid by the owner of any land pursuant to sections61(3) and 62(3),

shall be deemed to be incurred or paid, for the use and at the request of the person by whom the development was carried out.

Permission not required for lawful use of land

67. Where permission is not required for the use of any land for a particular purpose, but a stop notice or an enforcement notice or a notice of immediate enforcement is served in respect of development on that land, permission shall not be required to be obtained for the use of the land for the purpose for which it could have lawfully been used if the development in respect of which the stop notice or enforcement notice or notice of immediate enforcement is served had not been carried out.

Operation of enforcement notice

68. The compliance with a stop notice or an enforcement notice shall not preclude the Authority from  — 

1. imposing a penalty in the manner as may be prescribed; or

2. taking any proceedings to secure a conviction,

for any offence under this Act, committed prior to, or after, the service of the notice, including non-compliance with such notice.

Service of notices

69.(1) Subject to the provisions of this section, a notice or other document required or authorised to be served or given under this Act, may be served or given  — 

1. by delivering it personally to the person on whom it is to be served or to whom it is to be given;

2. by leaving it at the usual or last known place of residence of the person referred to in paragraph (a), or at the address which has been furnished by that person for service;

3. by sending it by a prepaid recorded or registered letter addressed to the person referred to in paragraph (a) at that person's usual or last known place of residence, or where an address for service has been furnished by that person, at that address; 

4. by sending it by facsimile transmission or email to the person referred to in paragraph (a), where details for such transmission have been furnished by that person; or

5. in the case of an incorporated company or body —

   1. by delivering it to the secretary or clerk of the company or body at its registered or principal office;

   2. by sending it by a prepaid, recorded or registered letter addressed to the secretary or clerk of the company or body at their registered or principal office; or 

   3. by sending it by facsimile transmission or email at its registered or principal office. 

6. Where a notice or document referred to in subsection (1) is required or authorised to be served on or given to  —

   1. a person as an occupier of premises; or

   2. a person who has an interest in the premises, and the name of that person cannot be ascertained after reasonable enquiry,

the notice or document shall be deemed to be duly served or given if it is addressed to that person, whether by name or by the description of “the owner” or “the occupier”, as the case may be, of the premises described in the notice or document and  —

1. it is delivered or sent in the manner specified in 

subsection (1)(a), (b) or (d); 

2. it is marked in such manner that is plainly identifiable as a communication of importance and is sent by a prepaid recorded letter to the premises and it is not returned to the Authority sending it, or is delivered to some person on the premises or is affixed conspicuously to some object on the premises; or

   1. it is published in a daily newspaper on three consecutive days.

3. Where a notice or document referred to in subsection (1) is required or authorised to be served on or given to all persons who have an interest in, or are owners or occupiers of premises comprised in any land, and it appears that any part of that land is unoccupied, the notice or document shall be deemed to be duly served if  —

   1. it is addressed to “the owners and any occupiers” of that part of the land specified in the notice or document; 

   2. it is affixed conspicuously to some object on the land; and

   3. it is published in a daily newspaper on three consecutive days.

Appeal 

70. A person aggrieved by a stop notice or an enforcement notice or notice of immediate enforcement served on him or her under this Part or by   a decision of the Authority to take steps required to be taken by an enforcement notice or notice of immediate enforcement, may appeal to the Appeals Board in such form and manner as may be prescribed.

PART VII - OFFENCES AND PENALTIES

Offences relating to contravention of stop notice

71. A person who continues the use of land or carries out any building or other operations on the land in contravention of a stop notice, commits an offence and shall be liable on conviction to a fine not exceeding SCR5,000 or to an imprisonment for a term not exceeding 2 months or to both such fine and imprisonment.

Offences relating to development without permission or in breach of conditions

72.(1) A person who carries out development of any land without the prior written permission of the Authority or continues the development of any land where permission is revoked commits an offence and shall be liable on conviction to a fine not exceeding SCR500, 000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.

2. A person who fails to comply with any condition imposed by the permission to develop land granted by the Authority commits an offence and shall be liable on conviction to a fine not exceeding SCR500,000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.

3. A person who continues any use of land or carries out any building or other operations on land in contravention of an enforcement notice or a notice of immediate enforcement or fails to comply with any directive set out in an enforcement notice or a notice of immediate enforcement, commits an offence and shall be liable on conviction  —

   1. to a fine not exceeding SCR500,000 or to imprisonment for a term not exceeding 12 months or to both such fine and imprisonment; and

   2. where the offence is continued after service of the enforcement notice, to an additional fine not exceeding SCR5,000 for each day during which the offence is continued after the day following the service of the notice.

4. A contractor or other person carrying out, performing or undertaking works involved in the development of a land commits an offence if he or she contravenes the approved plan for the development and shall be liable on conviction to a fine not exceeding SCR500,000 or suspension of his or her licence for such period as may be determined by the court for undertaking any new works, or to both such fine and suspension.

5. The Court may, where a person is convicted of an offence under this section, in addition to any penalty provided for under this section, order  — 

   1. the person to reinstate the land to which the development relates to its condition existing prior to the act or omission constituting the offence, including the demolition or alteration of any building or work; or

   2. where the person is the holder of a permit or licence authorising him or her to carry out certain activities, and the act or omission constituting the offence was committed during the course of carrying out such activities, the revocation or suspension of the permit or licence, as the case may be.

Offence relating to preservation order 

73. A person who contravenes the provisions of a preservation order made under section 45 commits an offence and shall be liable on conviction to a fine not exceeding SCR250,000 or to imprisonment for a term not exceeding 12 months or to both such fine and imprisonment.

Offence relating to notice to abate injury 

74. A person who fails to comply with the provisions of a notice to abate damage served on him or her under section 48 commits an offence and shall be liable on conviction to a fine not exceeding SCR500, 000 or to imprisonment for a term not exceeding 12 months or to both such fine and imprisonment.

Offence relating to the display of advertisements

75.(1) A person who displays an advertisement in contravention of regulations made under this Act, regulating advertisements commits an offence and shall be liable on conviction to a fine not exceeding SCR50,000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment and, in the case of a continuing offence, to an additional fine not exceeding SCR5,000 for every day after the first day during which the display is continued.

2. Without limiting the generality of subsection (1), a person shall be deemed to display an advertisement if   —

   1. the advertisement is displayed on the land of which he or she is the owner or occupier; or

   2. the advertisement gives publicity to his or her goods, trade, business or other concerns.

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

Offence relating to stop notice, enforcement notice and notice of immediate enforcement

76.(1) A person who is served with stop notice or an enforcement notice and fails to inform another person as required by section 57(1) or (2), commits an offence and shall be liable on conviction to a fine not exceeding SCR5,000 or to imprisonment for a term not exceeding 2 months or to both such fine and imprisonment.

(2) The owner or occupier of land or the contractor or other person carrying out, performing or undertaking works involved in the carrying out of a development on land, to which an enforcement notice relates, commits an offence if he or she fails to take the steps specified in the enforcement notice or notice of immediate enforcement within the period specified in such notice and he or she shall be liable on conviction to a fine not exceeding SCR500,000 or to imprisonment for a term not exceeding 6months or to both such fine and imprisonment.

Offences contrary to section 62

77.(1) The owner, occupier or developer of any land who fails without reasonable cause or excuse to render assistance to a person authorised to enter upon such land under section 63, commits an offence and shall be liable on conviction to a fine not exceeding SCR5, 000 or to imprisonment for a term not exceeding 2 months or to both such fine and imprisonment.

(2) A person who willfully delays or obstructs a person authorised to enter upon any land under section 62 commits an offence and shall be liable on conviction to a fine not exceeding SCR10,000 or to imprisonment for a term not exceeding 3 months or to both such fine and imprisonment.

Offence relating to duty to inform

78. A person required to give information under section 57 who fails to give that information or knowingly makes any misstatement in respect of that information, commits an offence and shall be liable on conviction to a fine not exceeding SCR5,000 or to imprisonment for a term not exceeding 2 months or to both such fine and imprisonment.

Minister to specify fixed penalty

79.(1) The Minister may make regulations for specifying the offences under this Act, or for creating offences for violation of regulations made thereunder, for which a fixed penalty may be imposed.

(2) The regulations made under subsection (1) may provide for the notices and forms, the officers authorised for imposition of fixed penalty, the manner of payment of fixed penalty and the consequence of non-payment of a fixed penalty imposed. 

Compounding of offences

80.(1) Where the Authority is satisfied that an offence under this Act or any regulation made thereunder has been committed by any person, and the person admits to committing the offence, accepts liability for the commission of the offence and agrees in writing to the matter being dealt with under this section, the Authority, in consultation with the Attorney General, may compound the offence by accepting a sum of not less than two thirds of the maximum fine specified for the offence and not more than the maximum fine specified for the offence.

2. Any sum of money received under this section shall be dealt with as though it were a fine imposed by a Court.

3. The Minister shall determine the sum of money to be paid by the offender having due regard to the provisions of this Act, the nature, the circumstances, extent and gravity of the offence and the past behaviour of the offender.

4. An ad-hoc compounding committee may be established by the Minister to advise the Minister in the determination of the sum of money to be paid by the offender in accordance with subsection (3).

5. Upon determination of the sum of money to be paid by the offender by way of fine in accordance with subsection (3), the Minister shall sign the compounding agreement and serve it on the offender who shall pay the sum of money, within 14 days from the date of service or within such longer period that the Minister shall set in the compounding agreement.

6. Subject to subsections (7) and (8), an acceptance by an offender to compound an offence shall be final and conclusive and shall be a civil debt to the Government.

7. In the event that the offender fails to pay the sum of money within the period set out in subsection (5), the compounding agreement shall ipso facto be null and void and judicial proceedings in relation to the offence shall be instituted or continued as the case may be.

8. Notwithstanding subsection (7), the Minister may institute a civil suit against a person who has accepted in writing to compound an offence by signing the compounding agreement and who has failed to pay the sum of money within the period set out in subsection (5) for the recovery of the sum of money in lieu of instituting criminal proceedings against the person for the commission of the offence.

9. Where the offence is compounded during the course of judicial proceedings, on payment of the sum of money mentioned in this section, the compounding of any offence under subsection (1) shall be filed in court and thereupon the judicial proceedings in connection with the commission of the offence which is pending shall be noted as compounded and the offender may be absolutely discharged.

10. In any proceedings brought against any person for an offence against this Act, it shall be a defence if the person proves that the offence has been compounded under this section.

11. Where an offence is compounded under this section, no court  proceedings shall be instituted or continued for that offence as the case may be.

12. The Minister may make regulations in relation to compounding of offences.

13. Where an offence is compounded under this section, no court proceedings shall be instituted for that offence.

approval of a proposed development or for small, limited and minor developments is to be made and the information or documents to be submitted with such applications and the fees to be paid with respect to the applications;

7. the procedure to be followed by the Authority in dealing with applications referred to in paragraph (e) and any other matter relating to such applications;

8. the procedure for the revocation and modification of planning permission granted;

9. the form and manner for appeals to, and the procedure to be followed by, the Appeals Board;

10. operations or uses of land for which planning permission is not required;

11. small, limited or minor developments;

12. the process of public consultation under this Act;

13. the circumstances in which compensation is payable for the refusal, or grant of permission with conditions, for development or for modification or revocation of permission, including  — 

14. the form in which a claim for compensation may be made;

15. requirements for a claimant to provide evidence in support of the claim, and such information as to the interest of the claimant in the land to which the claim relates, and as to the interest of other persons therein that are known to the claimant; and

16. the formula for determining the value of interest in any land;

17. the control of advertisements, as may be expedient in the interest of amenity and public safety, including  — 

    1. the nature, dimensions, appearance and position of advertisements that may be displayed, the sites on which such advertisements may be displayed and the manner in which they are to be affixed to land; 

    2. the requirement of consent of the Authority to be obtained for the display of advertisements, or of advertisements of any specified class, the manner thereof and application of Part IV to such consent, with such adaptation or modifications as may be specified;

    3. empowering the Authority to require the removal of any advertisement that is being displayed in contravention of regulations made under this Act, or the discontinuance of the use for the display of advertisements of any site that is being used for that purpose in contravention of such regulations, and for that purpose for applying any of the provisions of Part VI with respect to stop notices, enforcement notices and notices of immediate enforcement, subject to such adaptations and modifications as may be specified;

18. the form and contents of any notice, order or other document authorised or required by this Act;

19. controlling and regulating the subdivision of land into two or more parcels, whether the subdivision is effected for purposes of transfer, partition, sale, gift, lease, mortgage or any other purpose whatsoever;

20. the pooling and redistribution of plots of land, or the readjustment of the boundaries, areas, shapes and positions of any plots of land;

21. the form and manner in which a preservation order may be made including the provision of   —

    1. notice to be given to the owners or occupiers of land or buildings, as the case may be, affected by such order;

       1. objections and representations with respect to the proposed order to be considered before the order is made;

          1. copies of the order when it comes into operation to be served on the owners and occupiers of the land or building, as the case may be, to which the order relates and for publication of the order in the Gazette; 

          2. contents and extent of application of a preservation order;

       2. the form and content of a notice of abatement of injury;

       3. any matter relating to buildings or any specified class of building;

       4. any fees and charges to be payable or which may be levied under this Act; 

       5. the imposition of fines and penalties;

       6. any other matter which is required or permitted to be prescribed under this Act.

    2. If any regulations made under subsection (2) (p) so direct, subject to any additions, omissions or modifications specified in such regulations, the provisions of this Act shall apply to the subdivision, combination or reparcellation of land as if it were included in the definition of “development” contained in section 33.

    3. The regulations made under this Act may provide that contravention of or failure to comply with any of the provisions of such regulations shall be an offence punishable with a fine not exceeding SCR100,000 or imprisonment for a term not exceeding 2 years or with both such fine and imprisonment.

Repeal and savings

83.(1) The Town and Country Planning Act (Cap 237) is hereby repealed.

           (2)   Notwithstanding the repeal under subsection (1)  — 

1. any acts done or commenced by the Planning Authority constituted under the repealed Act, where such act is within the powers of the Authority, shall be carried on and completed by or under the authority of the Authority under this Act; 

2. all acts done, decisions taken, permissions or authorisations granted by the Authority or the Minister under the repealed Act, which were validly taken or granted under the repealed Act, shall continue to have effect in accordance with their terms or until amended, annulled or withdrawn in accordance with this Act;

3. all agreements, deeds, bonds or arrangements entered into by the Planning Authority under the repealed Act shall continue in force and be enforceable by or against the Authority as if the Authority had been a party to such agreements, deeds, bonds or arrangements; 

4. any permission for development of land granted under the repealed Act shall have effect as if granted under this Act;

5. an application for permission to develop land made under the repealed Act, in respect of which no final determination has been made, shall be treated as if the application had been made under this Act;

6. any land use plan or development plan made under the repealed Act shall remain in force as if it was a land use plan or development plan made under this Act until repealed, amended or replaced by a land use plan or development plan made under this Act;

7. all statutory instruments made under the repealed Act shall, to the extent that they are not inconsistent with this Act, continue in force as statutory instruments made under this Act until amended or repealed by a statutory instrument made under this Act;

8. any directions issued and notification made under the repealed Act shall continue to be in effect until they are amended or repealed under the provisions of this Act;

9. all suits, prosecutions and other legal proceedings pending or which could have been instituted under the repealed Act shall be continued or instituted under the provisions of the repealed Act as if this Act has not been enacted;

10. all officers or other employees of the Planning Authority as constituted under the repealed Act shall be deemed to be the officers and other employees of the Authority under this Act on terms and conditions no less favourable than those subsisting immediately prior to the date of repeal of the said Act.

Transfer of assets and liability

84.(1) All movable property vested in, and used and managed by, and all assets, rights, interests, privileges, liabilities and obligations of, the Planning Authority constituted under the repealed Act, immediately before the commencement of this Act, shall be transferred to and vest in the Authority, immediately, upon the commencement of this Act. 

(2)  Where a question arises as to whether a particular movable or immovable property, asset, right, interest, privilege, liability or obligation has been transferred to or vested in the Authority under subsection (1), a certificate under the hand of the Minister shall be conclusive evidence that the movable or immovable property, asset, right, interest, privilege, liability or obligation were or were not so transferred or vested.

Consequential amendments

85.  The Land Survey Act, Cap 109, is amended to the extent specified in the Schedule to this Act.

SCHEDULE 1

(Section 84)

CONSEQUENTIAL  AMENDMENTS

Insertion of a new section 30A of the Land Survey Act, Cap 109

1. The Land Survey Act, Cap 109, is amended by inserting a new section 30A immediately after section 30 as follows  —

“30A.(1) Notwithstanding any law, where an access, road reserve or right of way is created and demarcated on the diagram or plan of a parcel of land approved by the Director of Surveys upon a subdivision, combination or reparcellation of a parcel of land, the demarcated access, road reserve or right of way shall constitute a right of way or an easement burdening the servient parcel of land for the benefit of the parcel of land for which the right of way or easement is created;

2. The diagram or plan shall state the parcel of land that 

shall enjoy the benefit of a right of way or easement on the parcel of land burdened by the right of way or easement.

3. Where subsections (1) and (2) apply  — 

   1. The Land Registrar shall register the right of way or easement as an encumbrance in the register of the parcel of land burdened by the right of way or easement and in the property section of the register of the parcel of land which enjoys the benefit of the right of way or easement, and shall file the diagram or plan of the parcel of land in the relative parcel file of the parcels of lands;

   2. to land that is not registered under the Land Registration Act, the Registrar of Deeds shall upon application of the owner of the parcel of land burdened by the right of way or easement (servient tenement) or the owner of the parcel of land which enjoys the benefit of the right ofway or easement (dominant tenement), make an appropriate entry of such right of way or easement in the repertoire of the owner of the servient tenement and the dominant tenement.”

Clerk to the National Assembly