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No. 6 of 2003. The Physical Planning Act, 2003. 1 ANTIGUA
AND

BARBUDA

[ L.S. ]
I Assent,

James B. Carlisle,
Governor-General.

24th March, 2003

ANTIGUA AND BARBUDA

No. 6 of 2003

AN ACT to make provision for the orderly and progressive de-
velopment of land and to preserve and improve the amenities
thereof; for the grant of permission to develop land and for
other powers of control over the use of the land; for the
regulation of the construction of buildings and other related
matters; to confer additional powers in respect of the acqui-
sition and development of land for planning; and for pur-
poses connected with .the matters aforesaid.

[ 2nd October, 2003 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows -

1. (1) This Act may be cited as the Physical Planning Act, Short title.
2003.

(2) This Act or parts thereof shall come into operation on
such date or dates as may be prescribed by the Minister by
notice published in the Gazette.

ANTIGUA 2 The Physical Planning Act, 2003. No. 6 of 2003.
AND

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Interpretation. 2. (1) In this Act, unless the context otherwise requires -

"advertisement" means any word, letter, model, sign, plac-
ard, board, notice, awning, blind, balloon, device or repre-
sentation, whether illuminated or not, in the nature of and
employed wholly or partly for the purpose of advertise-
ment, announcement or direction, or calling attention to
any person, matter, object or event (excluding any such
thing employed wholly as a memorial), and without preju-
dice to the foregoing provision, includes any hoarding,
billboard, wall, fence, or similar structure used, adapted,
designed or intended for use for display of advertisements
and reference to the display of advertisements shall be
construed accordingly;

"agriculture" includes horticulture, fruit growing, seed
growing, dairy farming, the breeding and keeping of live-
stock, (including any creature kept for the production of
food, wool, skins or fur or for the purpose of its use in
farming the land), the use of land as grazing land, market
gardens and nursery grounds, but does not include the
use of land for aquaculture;

"amenity order" means an order made under section 47;

"aq~aculture'~ includes the breeding, rearing or keeping
of fish, shellfish, or any other aquatic and marine flora and
fauna, which involves the placing or asserr~bly of any pen,
cage, tank, pond or any other structure on or over any
land for the purposes of aquaculture or mariculture;

"Authority" means the Development Control Authority
established under the provisions of section 5;

"beach material" includes sand, shells, coral fragments,
stones, gravel, boulders or other unconsolidated material,
comprising a beach;

"builder" means a person engaged as a contractor or oth-
erwise in the erection, construction, alteration, improve-
ment maintenance or repair of buildings or works inciden-
tai to any of the foregoing,

"building" includes any permanent or temporary erection
or structure in, on, over or under any land, whether affxed

No. 6 of 2003. The Physical Planning Act, 2003. 3 ANTIGUA
AND

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to the land or not, and any part of a building so defined
(but does not include plant or machinery comprised in a
building);

"building operations" includes rebuilding operations,
structural alterations of or additions to buildings and other
operations normally undertaken by a person carrying on
business as a builder;

"building or works" includes waste materials, refuse and
other matters deposited on land, and references to the
construction of building or works shall be construed ac-
cordingly;

"building regulations" means regulations made under sec-
tion 58;

"clearing", in relation to land, means the demolition of
buildings or parts thereof, the removal of materials from
land, the levelling or grading of the surface of the land, the
removal of vegetation or top soil and the carrying out of
such other operations in relation thereto as may be pre-
scribed;

"Crown land" includes the waste or vacant land of the
Crown within Antigua and Barbuda and all lands vested
in the Crown, whether by forfeiture, escheat, purchase or
exchange, and not dedicated to the public;

"completion certificate" means a certificate that building
or engineering operations or the subdivision of lands have
been carried out and completed in accordance with the
terms and conditions of any development permit or build-
ing permit granted for the development;

"developer" means a person, who commences or carries
out the development of land, or on whose behalf such
development is commenced or carried out;

"development permit" means a notice granting permis-
sion for development issued under the provisions of Part
Iv;

ANTIGUA 4 The Physical Planning Act, 2003. No. 6 of 2003.
AND

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"development plan" means any development plan pre-
pared under Part I11 and includes any modification or
amendment thereof, and "plan" means, a development
plan where the context so admits;

"discontiiluance notice" means a notice issued under sec-
tion 44;

"dwelling house" means any building used or constructed
or adapted to be used as a dwelling unit, but does not
include a building containing one or more dwelling units,
flats, apartments, condominiums or townhouses, or any
flat, apartment, condominiums or townhouse contained in
such a building;

"dwelling unit" means a building, or any self-contained
part of a building, used or constructed or adapted to be
used for human habitation by a single individual or house-
hold;

"engineering operations" include the laying ou,t, building
and maintenance of roads, drains, runways and bridges,
the preparation of land for carrying out of any develop-
ment the clearing of land, the dredging of watercourses or
channels, the filling of any cavity or excavation and the
reclamation of land;

"enforcement notice" means a notice issued under sec-
tion 34;

"environment" means all or any of -

(a) the media of land, water, and air, including all
layers of the atmosphere;

(b) organic and inorganic matter and living or-
ganisms;

(c) the interacting systems that include comp-
nents referred to in paragraphs (a) and (b),
within the territorial jurisdiction and control
of the country;

"environmental impact assessment" means the process of
collection, analysis, evaluation and review of information

No. 6 of 2003. The Physical Planning Act, 2003. 5 ANTIGUA
AND

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on the likely effects of a proposed development on the
environment and the means to overcome adverse effects
which enables the Authority to determine whether devel-
opment permission should be granted and with what con-
ditions, the procedure for which is prescribed in regula-
tions made under this Act;

"environmental impact statement" means the document
or series of documents which contain the information on
the likely effects of the proposed development on the en-
vironment and the means to overcome adverse effects
required by section 23;

"environmental protection area" means any area declared
to be an environmental protection area under section 54;

"foreshore" means land which lies between the mean low
water mark and the mean high water mark of the tides;

" industrial development" means the development of land
for the manufacture or partial manufacture of goods, ar-
ticles or substances of any kind, or the assembly of manu-
factured goods or the turning into manufactured goods of
articles which are partially manufactured or of substances
in their natural state, or the repairing, finishing, cleaning,
washing, packing or canning, adapting for sale or break-
ing up of any article;

"land" includes incorporeal as well as corporeal heredita-
ments of every tenure and description and any interest
therein, land covered with water, the foreshore and the
sea bed;

"lawful use" does not include use of any land which was
commenced in contravention of the provisions of this Act
or of town and country planning, land development and
control, beach control or building legislation hitherto in
force in Antigua and Barbuda;

"layout plan" means a detailed plan showing the manner
in which a parcel of land is to be subdivided and used;

"means of access" includes any road or other means of
access for vehicles or for pedestrians, whether private or
public;

ANTIGUA 6 The Physical Planning Act, 2003. No. 6 of 2003.
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"mineral" means any substance in liquid, solid or gaseous
form occurring naturally on, in or under land and formed
by or subject to a geological process, but does not in-
clude water;

"mining operations" means -

(a) to cany out in relation to any mineral or beach
material, any activity with a view to excavat-
ing, working, extracting, carrying away, treat-
ing or converting that mineral;

(b) to search or explore for any mineral with a
view to carrying out any activity mentioned
in paragraph (a) of this definition and to carry
out any work necessary for such search or
exploration;

(c) the deposit of waste or refuse materials in con-
sequence of or incidental to any activity men-
tioned in paragraph (a) or (b) of this defini-
tion;

"Minister" means the Minister to whom the responsibility
for physical planning and related matters has been as-
signed;

"mortgage" includes any charge or lien on any property
for securing money or money's worth;

Cap. 374.

"owner" in relation to any land means any person who is
for the time being the registered proprietor or the lessee of
the parcel of land under the Registered Land Act;

"parcel of land" means an area of land separately delin-
eated under the Registered Land Act;

"permitted development" means development which is au-
thorized under subsection (2) of section 18;

"plant" includes any terrestrial or marine flora;

"plant preservation order" means a plant preservatioil or-
der made under section 48;

No. 6 of 2003. The Physical Planning Act, 2003. 7 ANTIGUA
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"prescribed" except in relation to matters expressly re-
quired or authorized by this Act to be prescribed in some
other way, means prescribed by regulations made under
this Act;

"purchase notice" means a purchase notice with respect
to adverse decisions namely

(a) refusal of a development permit in circum-
stances where no development permission is
available with respect to that land; or

(b) a revocation or modification notice; or

(c) a discontinuance notice; or

(d) a building preservation order; or

(e) an environmental protection area order;

"regulations" means regulations made under any provi-
sion of this Act;

"resources" means any social, cultural, historical, techno-
logical, biological, physical or chemical elements and pro-
cesses, renewable or non-renewable, tangible or intan-
gible, of economic or aesthetic importance which com-
pose the surroundings of mankind;

"road" means any roadway whether public or private and
includes any highway, street, square, court alley, lane,
bridge, culvert footpath, trace, passage or right of way,
whether a thoroughfare or not;

"sea bed" means the floor and subsoil underlying the sea
between low water mark and so far out to sea as is deemed
by international law to be within the territorial sovereignty
of Antigua and Barbuda;

"sub-division" means the division of a parcel of land into
two or more parcels, whether such division is by transfer,
lease, vesting order or any other instrument, for the pur-
pose of sale, gift, succession, partition, reparcelation, mort-
gage, letting, the registration of title by adverse posses-
sion or for any other purpose;

ANTIGUA 8 The Physical Planning Act, 2003. No. 6 of 2003.
AND

BARBUDA

"Town and Country Planner" means the person appointed
as such under section 6;

"Tribunal" means the Appeals Tribunal established by
section 68;

"unauthorized development" means any development
(other than permitted development) for which a develop-
ment permit has not been granted, or development which
is not in accordance with the conditions or limitations
subject to which a development permit was granted;

"use" in relation to land, does not include the use of land
by the carrying out of any building or other operations
thereon;

"waste material" includes garbage, refuse, spoil, mineral
tailings, sludge, effluent and anything of whatever kind
which has the appearance of being material abandoned,
discarded or intended to be abandoned or discarded by
the owner or former owner thereof, or the only value of
which appears to be as scrap or for the utilization of parts
thereof or the extraction of the residue of the substance of
which it formerly formed part.

(2) In Part IV of this Act, the expression "development of
land" means the carrying out of building, engineering, mining or
other operations in, on, over or under any land, the making of
any material change in the use of any building or land or the
sub-division of land, provided that the following shall be deemed
to constitute development -

(a) work for the maintenance or other alteration of any
building, if the work affects only the interior thereof
and does not materially affect the external appear-
ance of the building;

(b) work carried out by the Government for the mainte-
nance or improvement of a road;

(c) work carried out with the approval of the Govern-
ment or by any statutory agency for the purpose of
inspecting, repairing cy-renewing any sewers, water
mains, electric mains,'cables or other apparatus, in-

No. 6 of 2003. The Physical Planning Act, 2003. 9 ANTIGUA
AND

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cluding the excavation of any road land for the pur-
pose;

(d) the use of any building or other land within the cur-
tilage of a dwelling house for purposes incidental to
the enjoyment of that dwelling house as such;

(e) the use of land for the purposes of agriculture or
forestry, but not including any building or engineer-
ing activity thereon;

the erection of gates, fences, walls or other means of
enclosure, not being adjacent to a road or the sea, not
exceeding six feet three inches in height and not con-
structed of asbestos, plastic, fibre glass or sheet metal;

(g) the enlargement, improvement or other alteration of
a dwelling house, provide that -

(i) the square footage of the enlargement
does not exceed one tt nth of the square
footage ground floor of the house at
the date of the development or of the
house at the cornmencelnent of this Act,
whichever is the larger;

(ii) the enlargement is single story;

(iii) the enlargement is an integral part of
the existing house;

(iv) the enlargement complies with the re-
quirements of any planning and build-
ing regulations for the time being in
force; and

(v) written notice of intention to carry out
such work is given to the Development
Control Authority;

(3) The use for the display of an advertisement of any land or
of the external part of a building, which is not ordinarily used for
that purpose, shall be deemed to involve a material change in
the use of that land or part of the building.

ANTIGUA 10 The Physical Planning Act, 2003. No. 6 of 2003.
AND

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(4) For the avoidance of doubt it is hereby declared that -

(a) the use as two or more separate dwelling units, of
any building previously used as one dwelling house
involves a material change in the use of that build-
ing and of each part thereof so used;

(b) the deposit of any waste material on land involves a
material change in the use of the land, notwithstand-
ing that the deposit is on a site which has been
previously so used, if either the superficial area
thereof or the height of .the deposit is thereby ex-
tended or exceeds the level of any similar deposit on
adjacent land;

(c) sub-division constitutes development whether or
not the use for which the sub-divided land is iil-
tended constitutes development.

Obects and
purposes.

3. The objects and purposes of this Act are to -

(a) facilitate a continuous improvement in the quality
of life of every person in Antigua and Barbuda;

(b) provide for the orderly, efficient and equitable allo-
cation and development of the resources of Antigua
and Barbuda, taking account of all relevant social
economic and environmental factors, so as to en-
sure that sustainable use is made of land in the in-
terests of all the people of Antigua and Barbuda;

(c) maintain and improve the quality of the physical
environment within which human settlements are
situated in Antigua and Barbuda;

(d) provide for the orderly sub-division of land and the
provision of services in relation thereto;

(e) secure the health, safety, welfare and convenience
of persons 'in or about buildings and of others who
may be affected by buildings or matters connected
with buildings;

fl protect and conserve the cultural heritage of Antigua
and Barbuda as it finds expression in the natural
and the built environment;

No. 6 of 2003. The Physical Planning Act, 2003. 1 1 ANTIGUA
AND

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(g) to foster awareness that all persons and
organisations owning, occupying and developing
land have a duty to use that land with due regard for
the wider interests, both present and future, of soci-

ety.

(2) In implementing, applying and interpreting this Act, all
persons shall have regard to, use their best efforts to further and
give a broad and purposive interpretation to the matters set out
in subsection (I).

ADMINISTRATION

4. (1) The Minister is responsible for securing the objects D u t ~ e s of the
and purposes set out in section 3 and m the exercise of thc: Mi'"ster

powers conferred on him may do all things necessary for the
purpose of carrying out his or her responsibii ies under this
Act.

(2) In addition to the several duties impos-d on him by this
Act, the Minister is responsible for the framing and implementa-
tion of comprehensive policies with respect to the use and de-
velopment of all land in Antigua and Barbuda in accordance
with a development plan prepared in accordance with the provi-
sions of Part I11 and shall in the framing and implementation of
such policies have regard to the need to secure consistency.

(3) In exercising his or her 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.

5. (1) There is hereby established a body corporate, to be Development
known as .the Development Control Authority, to carry out such Control

hnctions as are by this Act conferred upon it.
Authority

(2) The constitution, procedures and finances of the Author-
ity shall be in accordance with the First Schedule. First Schedule.

(3) The Authority shall -

ANTIGUA 12 The Physical Planning Act, 2003.
AND

BARBUDA

No. 6 of 2003.

(a) advance the purposes of this Act as set out in sec-
tion 3;

(b) regulate development by the means provided by
this Act, having regard to the need to secure con-
sistency and conformity with the development plan,
if any;

(c) regulate the design and construction of buildings
and the provision of services, fittings, and equip-
ment in or in connection with buildings;

(d) do all other things necessary for carrying out the
purposes and provisions of this Act as may be au-
thorized by this Act.

(4) The Authority shall remain at all times responsible for the
proper performance of its functions under this section, but sub-
ject to subsection (1) may, for the purpose of such performance,
consult with or obtain advice from other authorities, persons or
bodies of persons as it thinks fit.

(5) Without restricting the generality of subsection (4), the
Authority may delegate any of its duties to the Town and Coun-
try Planner.

(6) The Authority shall be responsible for the implementa-
tion of the policies framed by the Minister under and the Au-
thority shall act in accordance with directions of a general char-
acter which may be given by the Minister as to the policy to be
followed in the exercise of its functions.

Town and Coun- 6. (1) The Authority may employ at such remuneration and
try Planner, Sec- on such terms and conditions as it thinks fit (including the pay-
retary, Officers
and of ment of pensions, gratuities or other like benefits by reference
the Authority. to the service of its officers and employees) a Town and Coun-

try Planner, a Secretary and such other officers and employees
as the Authority considers necessary for the purposes of carry-
ing out the functions of the Authority:

Provided that no appointment shall be made to the office of
Town and Country Planner without the prior approval of the
Minister.

No. 6 of 2003. The Physical Planning Act, 2003. 13 ANTIGUA
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(2) The Town and Country Planner shall be the Chief Execu-
tive Officer of the Authority and shall exercise the powers and
perform the duties specified in subsections (3), (4), ( 5 ) and (6).

(3) The Town and Country Planner shall be responsible to
the Authority for the administration and operation of the sys-
tem of planning for which this Act provides.

(4) Without restricting the generality of subsection (3), the
Town and Country Planner shall -

(a) institute, complete, maintain and keep under review
a study of the matters pertinent to planning the use
and development of land in Antigua and Barbuda;

(b) prepare or cause to be prepared development plans
in accordance with Part I11 of this Act;

(c) prepare and submit to the Authority and the Minis-
ter subject reports on matters which the Authority
or the Minister may from time to time consider nec-
essary; and

(d) do all other things necessary for carrying out the
purposes and provisions of this Act as are autho-
rized by this Act.

( 5 ) The Town and Country Planner shall sign and issue all
development permits, refusals of development permission, en-
forcement notices and other documents authorized by the Au
thority to be issued under the provisions of this Act.

(6) The Town and Country Planner has the powers conferred
upon hun by this Act and the duties that he is required by this Act
or by the direction of the Minister or the Authority to perform.

7. (1) Functions assigned to the Town and Country Planner Exerc~se of
by or under this Act, other than those mentioned in subsection y , " z ~ ~ ~ ~
(5) of section 6, may be exercised by any planning officer autho- Country Planner
rized by the Town and Country Planner in writing, either gener-
ally or specially, in that behalf.

(2) Any person exercising a function assigned to a planning
officer under this Act shall be deemed, for the purpose of the
exercise of that function, to be the proper officer for the exercise

ANTIGUA 14 The Physical Planning Act, 2003. No. 6of 2003.
AND

BARBUDA

of that function, if authorized in writing by the Town and Coun-
try Planner or the Authority.

Limitation of 8. The Minister, members of the Authority, the Town and
Personal Country Planner or other public officer shall not be personally
Liability. liable in any court for or in respect of any act or matter done, or

omitted to be done, in good faith, in the exercise or purported
exercise of any function conferred by this Act.

DEVELOPMENT PLANS

Proposal for 9. (1) The Town and Country Planner may, and if so required
p e n by the Authority or the Minister shall, submit to the Minister

Plan. proposals for the preparation of a development plan.

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

(a) a reasoned statement of the need for the plan;

(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 per-
sons 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 the review ofthe plan by sectoral agen-
cies and private sector representatives; and

@,I such other matters as are required by the Minister
or are considered by the Town and Country Planner
to be necessary for a decision to be made on the
proposal.

(3) Where the Minister rejects a proposal submitted under
this section, he or she may require the Town and Country Plan-
ner to submit a fresh or modified proposal for the same plan or a
new proposal for a different plan.

No. 6 of 2003. The Physical Planning Act, 2003. 15 ANTIGUA
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10. (1) The Town and Country Planner may prepare or cause Scope and
to be prepared and thereafter keep under review a development ~~e~~''~'~f
plan for Antigua and Barbuda as a whole or for any specified plans.
part of Antigua and Barbuda;

Provided that no development plan shall be prepared by the
Town and Country Planner for an area designated under the St.
John's Development Corporation Act, except for and on behalf
of the St. John's Development Corporation, under and in
accordance with the St. John's Development Corporation Act.

(2) A development plan shall set out with such degree of
particularity as may be appropriate to the different parts of
Antigua and Barbuda and to the nature of the development
plan -

(a) a statement of the principal aims and objectives with
respect to the development and other use of land in
the area;

(b) a report on the existing conditions of the area, in-
cluding -

(i) the principal physical, social, economic and
environmental characteristics of the area in-
cluding the principal purposes for which land
is used;

(ii) the size, composition and distribution of popu-
lation of the area;

(iii) the communications, transport systems and
traffic in the area;

(iv) the public services and the physical and so-
cial infrastructure provided in the area;

(v) any other matters which may affect the devel-
opment 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

ANTIGUA 16 The Physical Planning Act, 2003. No. 6 of 2003.
AND

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the use and development of land and measures for
the maintenance and improvement of the environ-
ment;

(d) a reasoned justification of the policies and propos-
als 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 (b) of subsection (2);

(ii) an examination of the llkely environmental ef-
fects of the proposals;

(iii) any specific policies of the Government which
may affect the pattern of development in the
area;

(iv) the relationship between the proposals in the
plan and other previously approved develop-
ment plans which may affect the area;

(v) the financial and other resources which are
likely to be available for carrying out the pro-
posals of the plan; and

(e) a schedule setting out the stages by which the pro-
posals of the plan may be implemented.

(3) The developn~ent plan shall include such maps, plans,
drawings, diagrams and other graphic representations as the
Town and Country Planner considers necessary to illustrate
and explain the plan.

(4) A development plan may -

(a) define the sites of proposed roads, public and other
buildings and works, or the allocation of land for
agricultural, residential, industrial or other purposes
of any class, and the conditions under which such
development should be carried out;

(b) designate any area as being an area which, for rea-
sons of flooding, erosion, subsidence, instability,

No. 6 of 2003. The Physical Planning Act, 2003. 17 ANTIGUA
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aircraft safety, or other hazards, conservation or other
environmental considerations, should not be devel-
oped;

(c) make proposals for the preservation of buildings,
sites and other features for architectural, cultural or
historical reasons;

(d) provide for any of the matters set out in the Second Second Schedule.
Schedule as the Town and Country Planner consid-
ers appropriate to the nature and scope of the pro-
posed plan;

(e) designate as a comprehensive planning area any
area which in the opinion of the Town and Country
Planner needs to be planned as a whole for one or
more of the purposes of development, redevelop-
ment, improvement or conservation.

(5) As soon as practicable after the designation of land as a
comprehensive planning area, the Town anc Country Planner
shall prepare a detailed plan for the relevant drea showing the
manner in which it is to be developed.

(6 ) A development plan shall not designate any land as a
comprehensive planning area if it appears to the Town and Coun-
try Planner that the acquisition is not likely to take place within
seven years from the date on which the plan is approved.

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

11. (1) In any case where a draft development plan is wholly Consideration of
or in part for the development of land in an area within the draft develop-

jurisdiction of the Barbuda Council, the Town and Country Plan- ment plan.

ANTIGUA 18 The Physical Planning Act, 2003. No. 6 of 2003.
AND

BARBUDA

ner shall, before completing the draft development plan, consult
with the Barbuda Council, and shall, before submitting the draft
development plan to the Minister for approval, furnish a copy of
the draft development plan to the Barbuda Council, for their
consideration and representations.

(2) When the Town and Country Planner has prepared a draft
development plan he shall send a copy to the Minister and to
members of the House of Representatives and shall deposit a
copy at the offices of the Development Control Authority and at
such other place or places as the Town and Country Planner
considers to be most effective for bringing it to the notice of
persons residing, working owning property in the area to which
the draft development plan proposals relates, or those who are
likely to be affected by the proposals in the draft development
plan:

Provided always that where the draft development plan is wholly
or in part for the development of land in Barbuda a copy of the
development plan shall deposited at ,the offices of the Barbuda
Council.

(3) The Town and Country Planner shall give notice in the
Gazette 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 develop-
ment plan as, in the Town and Country Planner's 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.

(4) Prior to submission of the development plan to the Minis-
ter, the Town and Country Planner shall hold one or more public
meetings on the draft development plan or on any part thereof at
such times and places as the Minister may-direct:

Provided always that where the draft development plan is wholly
or in part for the development of land in Barbuda one or more
public meetings on the development plan shall be held in Barbuda
at such times and places as are appointed after consultation
with the Barbuda Council.

(5) The Town and Country Planner shall publish in the Ga-
zette and, if it appears to be fit, in any other news media, notice

No. 6 of 2003. The Physical Planning Act, 2003. 19 ANTIGUA
AND

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of the time and place at which any such public meeting is to be
held, at least seven days prior to the meeting.

(6) Any person may, at a public meeting held pursuant to
subsection (4), make oral representations on the draft develop-
ment plan to the Town and Country Planner and a record of the
proceedings of any such public meeting shall be kept by the
Secretary of the Authority, a copy of which shall be furnished to
the Minister as soon as is practicable thereafter.

(7) Any person may, at within eight weeks of the publication
in the Gazette of the notice referred to in subsection (2), make
written representations on the draft development plan to the
Town and Country Planner.

(8) When the Town and Country Planner submits a draft de-
velopment plan for the approval of the Minister, it shall be ac-
companied by a statement of the steps taken by the Town and
Country Planner to comply with the provisions of this section
and the particulars of the consultations held witlj other persons
with respect to the proposals in the draft de , :lopment plan.

(9) After the expiration of the period prescrnbed for making
representations on a draft development plan, the 'Town and Coun-
try Planner shall consider the draft development plan and the
written representations and comments made, and shall forward
the same together with his or her own recommendations and
comments to the Minister.

12. (1) The Minister, after considering a draft development Approval cf
plan which has been submitted to him or her under section 1 1, Development
and all comments, representations and reconmendations made ' I a n .

thereon, may accept the draft plan with or without modifica-
tions, or may reject require further work on, or revision of, or
may require hrther consultations on the draft plan in whole or in
part.

(2) Where, before a draft plan is accepted, the Minister deter-
mines that hrther modifications to, further work on or revision
of or consultations on, the draft plan are required, the Minister
may require the Town and Country Planner to undertake such
hrther work, revision or consultation as may be necessary and
to give such publicity to the matter as will enable persons likely
to be affected or interested to make representations or com-
ments on the draft plan.

ANTIGUA 20 The Physical Planning Act, 2003. No. 6 of 2003.
AND

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(3) Unless the Minister otherwise directs, the provisions of
section 11 shall apply to any modifications, work or revision
undertaken by the Town and Country Planner under this sec-
tion and to the re-submission of the draft plan or any modifica-
tion thereof.

(4) Where a draft development plan is submitted to the Min-
ister under section 11 and is accepted by the Minister with or
without modifications, the Minister shall submit the draft devel-
opment plan for the approval of Parliament.

Rejection of 13. Where a development plan is rejected by Parliament un-
Development der subsection (4) of section 12 the Town and Country Planner
Plan. shall prepare a fresh plan in accordance with section 10.

Deposit of 14. (1) When a development plan has been approved by
Approved Plan. Parliament a copy of it shall be deposited at the offices of the

Development Control Authority, and the substance of the plan
shall be publicized in the area or areas to which it applies, in
such manner as the Minister may direct.

(2) Notice of the approval of a development plan and the date
on which the plan shall come into effect shall be published in the
Gazette.

(3) Copies of a plan shall be available for inspection and
purchase, at all reasonable times at the offices of the Develop-
ment Control Authority, at such price as may be prescribed.

Modification or 15. (1) The Minister may at any time require the Town and
a Country Planner to review or prepare proposals for modification

plan
or revocation of any plan, or any part thereof.

(2) Without prejudice to subsection (I), it shall be the duty of
the Town and Country Planner to keep under review the opera-
tion of any plan in the light of changing circumstances in Antigua
and Barbuda and in the area to which it applies, and the Town
and Country Planner may prepare proposals for the modifica-
tion of revocation of any plan as he or she sees fit and shall
submit the same to the Minister.

(3) The provisions of this Act with respect to the participa-
tion in, preparation, consideration and approval of a develop-
ment plan shall apply mutatis mutandis to the participation in,

No. 6 of 2003. The Physical Planning Act, 2003. 21 ANTIGUA
AND

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preparation, consideration and approval of the modification or
revocation of a plan.

16. (1) When a development plan has been approved - Legal status of
development

(a) it shall be the principal reason for the compulsory
plans.

acquisition of land designated in that approved de-
velopment plan as a comprehensive planning area;

(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 Antigua and
Barbuda;

(c) the Authority shall, in considering any application
for development permission, give principal consid-
eration to and be guided by the plan.

(2) When a plan has been prepared but is not yet approved,
paragraphs (b) and (c) of subsection (1) of this section shall
apply as if the plan bad been approved.

(3) An approved development plan remains in effect until it is
revoked by the Minister with the approval of Parliament, by
notice published in the Gazette.

PAR?' IV

CONTROL OF DEVELOPMENT OF LAND

17. Notwithstanding the provisions of any other law to the Permission
contrary, no person shall commence or carry out any develop- required to
ment of land, except in accordance with a development permit develop land.

granted under this Act.

18. (1) Provision may be made by a development order grant- Development
ing permission to any class or classes of development specified orders.
in the order, either unconditionally or subject to such condi-
tions or limitations as may be specified in the order, without the
requirement for the making of an application for a development
permit, and any such class of development is hereinafter re-
ferred to as permitted development.

ANTIGUA 22 The Physical Planning Act, 2003. No. 6 of 2003.
AND

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(2) Provision may be made by a development order for regu-
lating the manner in which applications for development permits
are to be made to and dealt with by the Town and Country
Planner and the Authority.

(3) Every development order shall be subject to the negative
resolution of Parliament.

Applications for 19. (1) An application for a development permit shall include
development such information as may be required by the regulations, or by
permits. directions given thereunder by the Town and Country Planner,

and be -

(a) made in such manner as may be prescribed by the
regulations made under section 8 1 ;

(b) accompanied by proof of payment of any applica-
tion. fee prescribed by a notice given under this Act;
and

(c) submitted to the Authority through the Town and
Country Planner.

(2) The Authority may grant approval on a preliminary appli-
cation for development, expressed to be outline permission, the
effect of which shall be to consent in principle to the develop-
ment, subject to the conditions and limitations specified therein
and to the subsequent approval of the Authority with regard to
detailed plans and particulars of the development, but not to
permit the carrying out of development until a development per-
mit has been granted.

(3) Where the Authority is of the opinion that an application
for outline permission ought not to be considered separately
from the detailed information required under subsection (I), it
shall within one month of the receipt of the application notify
the applicant that it is unable to entertain the application for
outline permission and shall invite the applicant to submit an
application for a development permit.

Requirement for 20. (1) If so required by the Town and Country Planner after
further consultations with the Chief Environment Officer by written no-
information. tice, an applicant for development permission shall -

No. 6of 2003. The Physical Planning Act, 2003. 23 ANTIGUA
AND

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(a) furnish the Town and Country Planner, with such
reasonable time as niay be prescribed in the notice,
with such further information as may be specified in
the notice as the Town and Country Planner consid-
ers is necessary to enable the Authority to deter-
nine the application;

(b) cause an environmental impact statement or feasi-
bilitj study to be prepared of the proposed devel-
opment and submitted to the Town and Country
Planner.

(2) Where such further information required under subsec-
tions (1) (a) and (b) is furnished, the application shall be treated
as having been made on the date when the information was
received and the 90 day period provided for the determination of
applications in section 26 shall not commence until the date of
receipt of the further information.

(3) Where an applicant does not furnish the Town and Coun-
try Planner with the further information required under subsec-
tions (1) (a) and (3) within the period prescribed in the notice or
such longer period allowed by the Town and Country Planner,
the Authority may decline to determine the application and may
return the application to the applicant with a notice to that ef-
fect, or the Authority may refuse to grant development permis-
sion, as it thinks fit.

21. (1) Every application for a development pennit shall be Not~fication of
accompanied by a statement signed by the applicant, certifying
that the applicant has notified the owner of the land to which the
application relates of the applicants intention to make the appli-
cation.

(2) Where, within two weeks of the date of the application,
the owner of the land notifies the Town and Country Planner
that he or she objects to the application, the Town and Country
Planner shall cancel the application and return it to the appli-
cant.

22. (1) Where the Minister has by order designated certain Publicity for
classes of development as likely to derogate from the amenities Applications.

of the public, or of adjacent or nearby properties, and an appli-
cation is made for permission to carry out development falling

ANTIGUA 24 The Physical Planning Act, 2003.
AND

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No. 6 of 2003.

within a designated class, the Town and Country Planner shall
by written notice require the applicant to -

(a) give details of the application to such persons or
authorities as may be specified in the notice; and

(b) publish details of the application at such times, in
such places and in such manner as may be specified
in the notice.

(2) Without restricting the generality of subsection (I), the
notices referred to in paragraphs (a) and (b) of that subsection
shall be served in respect of any application -

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

(b) for permission to develop any manufacturing pro-
cess which will involve either directly or as waste,
the production of toxic or other hazardous sub-
stances;

(c) for permission to construct buildings or for the use
of land for the purposes of animal husbandry, pluck-
ing of poultry, or processing of fish, or as a slaugh-
terhouse;

(d) for permission to construct buildings or for the use
of land for the purposes of a casino, gambling hall,
recreation club, liquor shop, bingo hall, music hall,
dance hall, theatre, cinema or sports hall;

(e) for permission to develop land in an environnlental
protection area; and

Cf) for permission to cany out any development in con-
nection with which an environmental impact assess-
ment is required.

(3) The Town and Country Planner may, and in respect of an
application referred to in subsection (2), publish a notice and
affix a copy of the said notice on the land to which the applica-
tion relates -

No. 6 of 2003. The Physical Planning Act, 2003. 25 ANTIGUA
AWD

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(a) stating that an application to develop land has been
received and will be determined on a date specified
in the notice; and

(b) inviting comments and representations either in writ-
ing or orally on such application.

(4) In determining an application to which this section re-
lates, the Authority shall take int~~account any report, represen-
tation or comment submitted in writing or otherwise in relation
to subsection (1).

23. (1) Subject to the provisions of this section, an environ- Environmental
mental impact assessment shall be carried out in respect of an Impact
application for a development permit for any development set Assessment'

out in the Third Schedule. Third Schedule.

(2) Notwithstanding the provisions of subsection (1) the Ail-
thority may, after consultation with the Chief Environment Officer,
require an environmental impact assessment in respect of an
application for permission for any development (other than
development set out in the Third Schedule) where the proposed
development would be likely to have significant effects on the
environment having regard to -

(a) the nature of the proposed development;

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

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

(d) the degree of scientific certainty about the nature of
the proposed development and its likely impact on
the environment;

(e) any development plan for the area;

0 any other matter as may be prescribed in the regula-
tions.

(3) A person who is minded to apply for a development per-
mit may ask the Authority to state in writing whether in its opin-

ANTIGUA 26 The Physical Planning Act, 2003.
AND

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No. 6 of 2003.

ion an environmental impact assessment would be required in
connection with the proposed deve1opmen.t under subsection
(2).

(4) Where the Authority determines that an environmental
impact assessment is required, the Authority shall, within 60
days of receipt of an application for a development permit, issue
a written notice notifying the applicant of the determination that
an environmental impact assessment is required and setting out
the terms of reference for the preparation of an environmental
impact statement on the proposed development and the period
within which the environmental impact statement shall be sub-
mitted to the Authority.

(5) Where the Authority issues a notice under subsection (4)
that an environmental impact assessment is required, the appli-
cant shall submit to the Authority an environmental impact
assessment on the proposed development in such form and
containing such information as may be prescribed in the
regulations.

(6) Where the Authority issues a notice under subsection (4)
that an environmental impact assessment is required, the Au-
thority and any other public agency or department, if requested
by the applicant, shall enter into consultation with the applicant
to determine whether the agency or department has irr its pos-
session any information which the applicant or they consider
relevant to the preparation of the environmental impact state-
ment and, if they have, the agency or department shall make any
such information available to the applicant,- provided that the
agency or department shall not be required to disclose confi-
dential information.

(7) The Authority shall not grant a development permit pur-
suant to an application to which this section applies unless they
have first taken the environmental impact assessment into ac-
count.

(8) Where the Authority issues a notice under subsection (4)
notifying the applicant that an environmental impact assess-
ment is required, it shall inform any agency or department of
Government having responsibility for the issue of any licence,
permit, approval, consent or other document of authorization in
connection with any matter affecting the development and such

No. 6 of 2003. The Physical Planning Act, 2003. 27 ANTIGUA
AND

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agency or department shall not grant such licence, permit, ap-
proval, consent or other document of authorization as aforesaid
unless it has been notified by the Authority that the notice has
been complied with and that the Authority has issued a devel-
opment permit in respect of the proposed development.

(9) This Act does not exempt any development from the re-
quirements imposed upon any such development by any other
written law or regulation.

(10) The Minister, on the advice of the Authority, may cause
a register of persons with the qualifications, skills, knowledge
and experience as may be prescribed by regulations made under
this Act to carry out environmental impact assessments to be
compiled, and a person who is on the register shall be deemed to
be approved by the Minister to prepare environmental impact
assessments for Antigua and Barbuda.

24. (1) Where an application is made for the development of consultation on
any land within the jurisdiction of the Barbuda Council, the St. Applications.
John's Development Corporation or the Port Authority or the
National Parks, no development permit shall be issued by the
Authority unless there has been prior consultation between the
Authority and the Barbuda Council, the St. John's Development
Corporation or the Port Authority or the National Parks, as the
case may be.

(2) Any governmental agency or statutory corporation or
authority (including but not limited to the Barbuda Council, the
St. John's Development Corporation, the Port Authority and the
National Parks Authority) or any public officer who receives a
request in writing from the Town and Country Planner for com-
ments on an application for a development permit, shall reply to
that request within 21 days, or other such period as may be
agreed between the Town and Country Planner and that officer
or agency, corporation or authority.

25. (1) In considering an application for a development per- Material
mit, the Authority shall give principal consideration to - considerations.

(a) an approved development plan for the whole coun-
try, if any; and

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

ANTIGUA 28 The Physical Planning Act, 2003. No. 6 of 2003.
AND

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(2) In addition to the considerations referred to in subsection
(1) the Authority shall take into account the following matters
as appear to be relevant, or as the Town and Country Planner
may advise, in order to make a proper decision on the applica-
tion, namely as follows -

(a) any representations made by a person with regard
to the application or the probable effect of the pro-
posed development;

(b) an opinion expressed by an authority consulted un-
der section 24;

(c) statement of policy issued by the Minister;

(d) information, study or report provided by the appli-
cant in response to a notice served under section
20;

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

0 the likely impact of the proposed development on
public health and safety;

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

(h) an application for commercial or industrial develop-
ment, or for sub-division of land -

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

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

(iii) the quality and economy of the proposed de-
velopment and its design;

(iv) the proposals made in the application for the
means of access to, from and within the de-

No. 6 of 2003. The Physical Planning Act, 2003. 29 ANTIGUA
AND

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velopment, and for the provision of utility ser-
vices to the development;

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

(vi) traffic considerations;

(i) the financial and other resources which are, or which
will be, available to the applicant for the develop-
ment permission;

0) the area of land required for the proposed develop-
ment;

(k) such other matters as the Town and Country Plan-
ner considers to be relevant to the determination of
the particular application.

26. (1) Where an application is made for permission to de- Determination
velop land in accordance with this Act and any Regulations of applications.

made hereunder, the Authority may -

(a) grant a development permit unconditionally; or

(b) grant a development permit subject to such condi-
tions as it thinks fit; or

(c) refuse permission.

(2) Within 90 days of receipt of the application for a develop-
ment permit, the Town and Country Planner shall notify the
applicant in writing of the determination of the application, pro-
viding in the case of paragraph (b) or (c) of subsection (1) -

(a) a full and clear statement of the reasons for the de-
termination;

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

(3) Where no decision has been made within 90 days of re-
ceipt of the application, the Town and Country Planner shall
notify the applicant of the progress made on the application and

ANTIGUA 30 The Physical Planning Act, 2003. No. 6 of 2003.
AND

BARBUDA

the extended date by which the decision is likely to be made,
being no later than 30 days from the date of notification.

(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 (a) of subsection
(2) of section 72.

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

Conditional 27. (1) Without prejudice to the generality of paragraph (b)
of subsection (1) of section 26, the Authority may impose con-

permits. ditions on a development permit which relate to any matter re-
ferred to in subsection (2) of section 25 or which arrange for -

(a) regulating the manner in which the development au-
thorized by the permission is to be carried out in-
cluding -

(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 permit;

(iii) the location, design or materials of construc-
tion of any means of access from the develop-
ment to a highway;

(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 presentation of trees, vegetation or other
natural features of the land where the devel-
opment is to take place;

No. 6 of 2003. The Physical Planning Act, 2003. 3 1 ANTIGUA
AND

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(viii) the preservation of any buildings or sites of
importance to the cultural heritage of the coun-
try;

(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 pur-
poses reasonably incidental to the develop-
ment;

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

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

(xiii the removal of materials or waste from such
land or adjacent land used for the purpose
and the carving out of any works required for
the reinstatement restoration, or preservation
of the land and the environment when the de-
velopment is completed;

(b) regulating the development or use of any land un-
der 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 permit it shall be adjacent to the land
which is the subject of the development permit) in-
cluding the discontinuance of any existing uses of
the land or requiring the carrying out of works in-
cluding 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 develop-
ment authorized by the permit;

(c) requiring the removal of any buildings or works au-
thorized by the permit, or the discontinuance of any
use of land so authorized at the expiration of a speci-
fied period, and the carrying out of any works re-

ANTIGUA 32 The Physical Planning Act, 2003.
AND

BARBUDA

No. 6 of 2003.

quired for the reinstatement of the land at the expi-
ration of that period;

(d) regulating the use which may be made of any build-
ing or use of land authorized by the development
permit notwithstanding an order made under sub-
section (2) of section 18;

(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;

Cf) requiring continuous environmental monitoring of
the development authorized by the development
permit;

(g) regulating the hours of work during which the de-
velopment authorized by the permit 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 con-
veyance of land to the Authority in lieu of works
required under the development permit;

fi) the entering into a performance bond with the Au-
thority to guarantee the implementation of any of
the conditions subject to which the grant of the
development permit is made.

(2) A condition may be imposed under this section requiring
the developer to carry out any works or other development on
land (including roads) in .the ownership or under the control of
the Crown, even if the effect of the imposition of such a condi-
tion would be to require the developer to carry out works or
development at his or her own cost for the public benefit.

(3) A development permit granted subject to any such condi-
tion as is referred to in paragraph (c) of subsection ( 1 ) is in this
Act referred to as "a temporary development permit."

No. 6 of 2003. The Physical Planning Act, 2003. 33 ANTIGUA
AND

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(4) No claim to compensation shall lie against the Govern-
ment, the Minister, the Authority, the Town and Country Plan-
ner or any other public officer in connection with or arising out
of the grant by the Authority of development permission sub-
ject to conditions.

28. (1) The Authority may, on the advice of'the Town and Development
Country Planner, and with the consent of the Minister, and the *greements.

consent of any other government agency who may be a party to
the agreement, enter into an agreement containing such terms
and conditions as it thlnks fit with the applicant for a develop-
ment permit or with any other person interested in that land for
the purpose of regulating the development of land proposed by
the application.

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

(a) covering any matter in respect of which conditions
may be imposed on a development permit;

(bj providing for contribution (whether of works, money
or land) by the applicant towards the provision of
services, facilities (including their future mainte-
nance) and amenities in the area in which the pro-
posed development is to be carried out;

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

(3) An agreement made under this section with any person
interested in land may be enforced by the Authority against
persons deriving title under that person in respect of that land
as if the Authority were possessed of adjacent land and as if the
agreement had been expressed to be made for the benefit of
such land.

29. (1) Where the Authority requires, in a condition imposed Performance
on a development permit to develop land under section 27 or as
a term of an agreement made under section 28 that an applicant
or, as the case may be, a person with whom it makes an agree-
ment provide a bond as security for the performance of any
condition subject to which a development permit was granted or
for the performance of the agreement, the Authority shall re-

ANTIGUA 34 The Physical Planning Act, 2003. No. 6 of 2003.
AND

BARBUDA

quire a charge on the land to which the permit or agreement
relates as appears to it to be expedient and proper to ensure that
the bond may be enforced.

(2) The Authority may enforce a bond entered into by an
applicant for permission to develop land under section 27, or by
a person with whom it has made an agreement under section 28,
by all appropriate legal and equitable remedies.

Lapse of 30. (1) Outline pem~ission shall be granted subject to a con-
development dition that if no development permit covering the saxne develop-
permit. ment has been applied for within one year of the grant of outline

permission, or such longer period as may be specified in the
grant of outline permission or as may be authorized by the Au-
thority in any particular case, that outline permission shall lapse
and cease to have any force or effect.

(2) Where in accordance with the provisions of this section
an outline permission has expired, an application for a develop-
ment permit in respect of that expired outline permission may be
refused without any liability to pay compensation under section
64.

(3) A development permit shall be granted subject to a condi-
tion that it shall lapse and cease to have effect if the develop-
ment to which it relates has not been completed within three
years of the grant of the development permit, or such longer
period as may be authorized by the Authority in any particular
case.

(4) Where a development permit provides for different parts
of the developn~ent o commence at different times, the provi-
sions of this section shall apply to those separate parts of the
development as if a development permit was granted for each
separate part or stage of the development.

(5) The Authority may serve written notice on a person who
has commenced, but has not completed, within the time pre-
scribed therefor, the development for which permission has been
granted, requiring that person to complete the development
within the time specified in such notice, and stating that if the
development is not completed within that period the develop-
ment permit will cease to have effect after the expiration of a
further period specified in the notice.

No. 6 of 2003. The Physical Planning Act, 2003. 35 ANTIGUA
AND

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(6) Upon expiration of the further period specified in a notice
served under subsection (5) the development permit shall cease
to be valid or to have any effect and any further development or
work carried out with respect to that development permit shall
be a breach of planning control.

31. (1) Without prejudice to the provisions of this Part as to Supplementary
the lapse or modification or revocation of any development per- provisions as to

development mit, such permit shall, except in so far as the permit otherwise
permits,

provides, ensure for the benefit of the land concerned and of all
persons for the time being entitled to an interest in the land,

(2) Where a temporary development permit is granted in ac-
cordance with paragraph (c) of subsection ( 1 ) of section 27, at
the expiration of the period specified therein, the use of the land
for the purpose for which it was used before the grant of the
temporary development permit may be resumed without express
grant of a development permit only if that use was a lawful use.

(3) Where a development permit is granted for the ereclion of
a building, the permit may specify the purposes for which the
building may be used.

(4) A development permit may include permission, with or
without conditions, to retain on land buildings or works con-
structed or carried out thereon before the date ofthe applicatiol~
or for the continuance of any use of land instituted before that
date (whether without a permit granted under this part or in
accordance with a temporary development pennit).

(5) A condition in a permit granted under subsection (4) may
require the applicant to pay a sum of money to the Authority in
respect of the buildings or works constructed or carried out
before the date of the application or in respect of any use of land
instituted before that date.

32. (1) The Town and Country Planner, acting on behalf of Minor variation
the Authority, may approve a minor variation to a developnlent of de

velopment
permit.

permit which in his or her opinion does not alter or affect the
terms and conditions of the development permit in any material
respect and in such event the Town and Country Planner shall
inform the Authority of the action which has been taken in that
particular case.

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(2) Where the Town and Country Planner is requested to
approve a variation under subsection (1) but is of the opinion
that the variation proposed is not a minor one the Town and
Country Planner shall, in writing, inform the applicant that a
request must be submitted to the Authority for approval of the
variation.

Modification or 33. (1) Subject to the provisions of this section, if it appears
revocation of to the Authority, after consideration of such advice as may be
development
permit.

given by the Town and Country Planner that it is desirable that
any grant of development permission ought to be modified or
revoked the Authority may, by written notice to the person
entitled to the benefit of the permit, revoke or modify the devel-
opment permit to such extent as it considers desirable.

(2) The power conferred on the Authority by this section
may be exercised -

(a) where the development permit relates to the carry-
ing out of building or other operations, at any time
before those operations have been completed;

(b) where the development permit relates only to .the
making of a material change in the use of building or
other land, at any time before the change has taken
place.

(3) The modification or revocation of a development permit
for the carrying out of building or other operations shall not
affect so much of the operations as has been previously carried
out.

(4) A notice of the modification or revocation of a develop-
ment permit under this section shall include -

(a) a statement of the reasons for the modification or
revocation;

(b) such directions as the Authority considers
necessary for the bringing to an end any
development to which the notice relates;

(c) information as to any claim for compensation that
may arise in consequence of the modification or re-

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vocation, and the procedure for making any claim
for compensation;

(A) information as to the right of appeal under Part IX of
this Act; and

(e) such other matters as may be prescribed.

(5) Upon the service of a notice under subsection (l) , to the
extent to which the modification or revocation so requires, the
development permit concerned shall cease to be valid or to have
effect, and any further development or work carried out contrary
to such notice shall be a breach of planning control.

(6) Notwithstanding subsection (9, the Authority, after con-
sidering any representations made in respect of such a notice,
may at any time cancel or withdraw that notice.

(7) An appeal shall lie, under Part IX against the issue of a
notice by the Authority under subsection (I), or against the
refusal of the Authority to cancel or withdraw such notice under
subsection (6).

(8) Pending the determination of any such appeal referred to
in subsection (7) the notice concerned shall be deemed to be
suspended in its operation, save that any further development
or work carried out shall be a breach of planning control.

PART V

34. (1) Where it appears to the Town and Country Planner Enforcement
that a breach of planning control has taken place, that is to Notice.

say -

(a) that any development of land has been carried out
without a development permit required under Part
W, or

(b) that any conditions or limitations subject to which a
development permit was granted have not been com-
plied with;

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No. 6 of 2003.

then the Authority may within the period specified in subsec-
tion (2) if it considers it expedient to do so, having regard to any
development plan applicable to the land where the breach of
planning control is alleged to have taken place and to other
material considerations such as are set out in section 25 and
section 36, serve an enforcement notice in accordance with sub-
section (4) requiring the breach to be remedied.

(2) Where the enforcement notice alleges a breach of plan-
ning control relating to development other than the making of a
material change in the use of building or other land or the
sub-division of land, the period within which an enforcement
notice may be served shall be -

(a) in the case of development of land alleged to have
taken place without grant of a development permit,
six years from the carrying out of the development;

(b) in the case of non-compliance with a condition or
limitation, six years from the date of the alleged fail-
ure to comply with it.

(3) Where the enforcement notice alleges a breach of plan-
ning control relating to the making of a material change in the
use of building or other land or the sub-division of land there
shall be no time limit re'stricting the service of an enforcement
notice under subsection (1) and in all other respects the provi-
sions of subsection (1) shall apply.

(4) A copy of the enforcement notice shall be served on the
owner and on the occupier of the land to which it relates; on any
other person having a material interest in the land; on the autho-
rized representatives of the aforementioned persons; and on
any other person canying on or in control of a person canying
on activities on the land which are alleged to constitute the
breach of planning control, but the fact that the Authority fails
to serve it on any one or other of the persons mentioned herein
shall not invalidate any action or proceedings against any other
of such persons.

(5) An enforcement notice shall take effect on the date speci-
fied in it (in this Part referred to as the "specified date").

(6) An enforcement notice shall be served not later than 14
days from the date of issue and not later than 28 days before the
specified date.

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(7) An enforcement notice shall state clearly -

(a) which breaches of planning control referred to in
paragraphs (a) and (b) of subsection (1) are alleged
to have taken place;

(b) the particulars of development which appear to con-
stitute the breach;

(c) the person or persons on whom it is served in accor-
dance with subsection ( 5 ) ;

(d) the steps which the Authority requires to be taken
to remedy the breach and a reasonable time within
which they must be taken;

(e) the powers of the Authority, in case of default 'in
compliance with the notice, to enter upon the land
and take the steps specified in paragraph (d);

r'$ the penalties which may be incurred if the steps
specified in paragraph (d) are not taken; and

(g) the opportunities which are available to the person
or persons on whom the copy of the enforcement
notice was served to appeal the notice.

(8) The steps which the Authority may require to be taken by
a person on whom an enforcement notice has been served, to
reniedy the breach to which the enforcement notice relates, may
be all or any of the following namely -

(a) to restore land as near as may be to the appearance
and state that it had before the breach took place
including replacement of soil, planting or replanting
of trees and other vegetation;

(b) to comply with any limitation or condition in a de-
velopment pennit;

(c) to demolish or remove a buildmg in whole or i r ~ part;

(d) to carry out any building or other operations on the
land to which the notice relates;

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(e) to discontinue any use of land or buildings;

Cf) to remove anything placed on the land without a
development permit;

(g) to remove any advertisement or to display it in the
place permitted by a development permit;

(h) to remove any unauthorized marks of identification
in, on, or over land which have as their purpose the
identification of a boundary of a sub-division al-
leged to constitute a breach of planning control;

(I) to remove or prevent any damage to the land or
amenities of the area which has been or is likely to
be caused by the development which constitutes
the breach of planning control;

) to do or to refrain from doing or to take or to refrain
from taking any actions similar to those listed in
paragraphs (a) to (i) which would assist in the end-
ing of the unauthorized development.

(9) The Authority may -

(a) withdraw an enforcement notice (without prejudice
to its power to issue another one in respect of the
same breach of planning control) and shall if it does
so serve a notice of withdrawal on every person
who was served with a copy of the enforcement
notice;

(b) modify an enforcement notice and if it does so the
provisions of this section shall apply to any modifi-
cation of an enforcement notice made under this
section as they apply to the enforcement notice.

Material 35. (1) In considering whether or not an enforcement notice
considerations shall be served the Authority shall take into account such of the
with respect to following matters as may be relevant in the circumstances of the
enforcement
notice particular case namely -

(a) any development plan applicable to the land where
the breach of planning control is alleged to have
taken place;

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(b) any statement ofpolicy issued by the Minister which
is relevant to the development;

(c) the nature and extent of the development which con-
stitutes the alleged breach;

(d) the extent or likely extent of damage to the natural or
built environment;

(e) the extent to which the development constitutes a
nuisance or a threat to public health and safety;

($I any objections and representations made by per-
sons in the neighbourhood;

(g) .the length of time the breach of control has contin-
ued;

(h) the expense llkely to be involved in compliance with
the notice by the person who may be, or has been,
served with the notice and that person's capacity to
meet that expense;

(i) the benefits to the community (if any) resulting from
the development;

) any possible alternative measures which could be
taken to remedy the unauthorized development;

(k) the effect of the development on any public woriis;

(1) whether it is necessary, desirable and convenient
having regard to the public interest to serve or con-
firm an enforcement notice;

(m) any other material considerations.

36. (1) The Town and Country Planner may, in any case in Notice to apply
which he or she considers that a breach of planning control has for

permit
taken place, by written notice served on the person or persons
referred to in subsection (5) of section 35 require that an applica-
tion shall be submitted for a development permit and in such
case the Authority shall refrain from issuing an enforcement
notice if such application for a development permit is submitted

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42 The Physical Planning Act, 2003. No. 6 s f 2003.

Suspension of
effect of
Enforcement
Notice.

Stop Notice.

within twenty-eight days of the service of such notice or such
extended period as may be agreed.

(2) Where the Authority decides to grant a development per-
mit in respect of an application made in conformity with a notice
served under subsection (I), the Authority may grant that de-
velopment permit with retrospective effect to the date when the
development commenced, or such other date as the Authority
considers to be appropriate in the particular case.

37. (1) If, within 28 days of the service of the enforcement
notice -

(a) an application is made to the Authority for a devel-
opment permit for the retention on the laad of any
buildings or works to which the enforcement notice
relates, or for the continuance of any use of the land
to which the enforcement notice relates; or

(b) notice of an appeal is given under section 69 by a
person on whom the enforcement notice was served;

the enforcement notice shall be suspended and shall not take
effect pending the determination of the application or appeal.

38. (1) Where in respect of any land the Authority has served
an enforcement notice, the Authority may, at any time before the
enforcement notice takes effect serve a further notice (in this
Act referred to as a "stop notice") referring to, and having an-
nexed to it, a copy of the enforcement notice and prohibiting
any person on whom the stop notice is served from carrying out
or continuing any specified operations on the land, being op-
erations either alleged in the enforcement notice to constitute a
breach of planning control or so closely associated therewith as
to constitute substantially the same operations.

(2) The operations which may be the subject of a stop notice
shall include the deposit of refuse or waste materials on land or
causing environmental damage or actions affecting the health
or safety of persons where such action is a breach of planning
control alleged in the enforcement notice.

(3) A stop notice may be served by the Authority on any
person who appears to it to have an interest in the land or to be

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concerned with carrying out or continuance of any operations
thereon.

(4) A stop notice shall -

(a) take effect from the date of its service;

(b) without prejudice to subsection (7) cease to have
effect when -

(i) the enforcement notice to which it relates is
withdrawn or quashed;

(ii) notice of the withdrawal of the stop notice is
served under subsection (6).

(5) If a person on whom a stop notice is served carries out, or
causes or permits to be carried out any operations prohibited by
the notice, he or she commits an offence and is liable on sum-
mary conviction to a fine not exceeding fifty thousand dollars
and if the offence is continued after conviction he or she shall
be liable to a further fine not exceeding one thousand dollars for
each day on which the offence continues.

(6) The Authority may at any time withdraw a stop notice
(without prejudice to their power to serve another) by serving
notice to that effect on the person on whom the stop notice was
served and the stop notice shall cease to have effect as from the
date of withdrawal.

39. (1) If a person on whom the notice was served fails or b.::ion by
refuses to take the steps required by the enforcement notice to for

non-compliance: remedy the breach of planning control within the period speci- with Enforce-
fied in the enforcement notice, the Authority may authorize the ,,t Notice,
Town and Country Planner to enter the land with such assis-
tance as may be necessary and take those steps in respect of the
unauthorized development to enforce the notice as it may see
fit.

(2) When the Authority has exercised any power under sub-
section (I), it may recover as a civil debt, from the person on
whom the notice has been served, those expenses reasonably
incurred by it in the exercise of such power, and if that person,
having been entitled to appeal under section 40, has failed to

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No. 6 of 2003.

make such an appeal he or she shall not be entitled in any pro-
ceedings to dispute the validity of the action taken by the Au-
thority or the Town and Country Planner upon any ground that
could have been entertained on such an appeal.

(3) Nothing in this Part shall be construed as requiring a
development permit to be obtained for the use of land for the
purpose for which it could lawfully have been used if the devel-
opment in respect of which an enforcement notice was served
under section 34 had not been carried out.

Appeal against 40. (1) If any person on whom an enforcement notice is served
enforcement is aggrieved by the enforcement notice, that person may at any
notice. time within 28 days of the service of the notice appeal against

the enforcement notice under section 69 and on any such ap-
peal the Tribunal -

(a) if satisfied that a development perniit was granted
under Part IV for the development to which the en-
forcement notice relates, or that no such permit was
required in respect thereof, or, as the case may be,
that the conditions subject to which such a permit
was granted have been complied with, shall quash
the enforcement notice to which the appeal relates;

(b) if satisfied that a variation of the enforcement no-
tice would be appropriate, may vary the enforce-
ment notice accordingly;

(c) in any other case shall dismiss the appeal.

(2) Where the enforcement notice is varied or the appeal is
dismissed the Authority may, if it thinks fit, direct that the en-
forcement notice shall not come into force until a date, not being
later than 28 days from the determination of the appeal.

Continuing 41. (1) Where any development is carried out by way of
operation of reinstating or restoring buildings or works that have been
enforcement
notice.

demolished or altered in accordance with an enforcement notice,
the enforcement notice shall, notwithstanding that its terms are
no longer wholly apt for the purpose, be deemed to apply in
relation to any building or works so reinstated or restored as it
applied 'in relation to such building or works before they were
demolished or altered, and subsection (1) and (2) of section 39
shall apply accordingly.

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(2) Without affecting the operation of section 39, a person
who carries out any development on land by way of reinstating
or restoring buildings or works that have been demolished or
altered in contravention of an enforcement notice is liable on
summary conviction to a fine of twenty-five thousand dollars.

42. (1) If it appears to the Authority that it is expedient in the Notice requiring
interests of the proper planning of the country (including the discontinuance

of the use or interests of amenity), regard being had to a development plan alteration or
and to any other material considerations - removal of

building or works

(a) that any use of land should be discontinued, or that
any conditions should be imposed on the continu-
ance of a use of land; or

(b) that any buildings or works should be altered or
removed;

the Authority may with the consent of the Minister, by notice (
in this Act referred to as a "discontinuance notice") require the
discontinuance of that use, or impose such conditions as may
be specified 'in the notice on the continuance thereof, or require
such steps as may be so specified to be taken for the alteration .-
or removal of the buildings or works, as the case may be.

(2) The provisions of subsections (4) to (10) of section 34
inclusive, and the provisions of sections 35,37,39,40 and 41,
shall apply to a notice served under subsection (1) in like man-
ner to a compliance notice served under section 34, save that -

(a) references to an enforcement notice in those provi-
sions shall have effect as if they were references to
a notice served under subsection (1);

(b) references to a breach of planning control shall have
effect as if they were references to the use of land or
the buildings or works specified in the notice served
under subsection (1);

(c) where a claim for compensation has been submitted
under section 64 the provision of section 39 (recov-
ery of expenses incurred by the Authority, in en-
forcing a notice, on non-compliance by the recipi-
ent of the notice) shall be exercisable only by way of

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counterclainl, to offset against the said claim for
compensation;

(d) paragraph (a) of subsection (1) of section 40 shall
not apply;

(e) references to "remedy" the breach ofplanning con-
trol shall have effect as if they were references to
the carrying out of the acts and works required un-
der the notice served under subsection (1), and, not-
withstanding the adoption of the said provisions
for the purposes of this section, it shall not be im-
puted that work previously carried out under a valid
development permit shall be retrospectively deemed
unauthorized.

PART VI

ENVIRONMENTAL PROTECTION

Compilation of a 43. (1) The Town and Country Planner may, and if so di-
list Of rected by the Minister shall cause a survey of the buildings in

the whole or any part of the country to be made with a view to
determining if, having regard to the importance of preserving
the architectural, cultural and historical heritage of the country,
any such building or part thereof or group of buildings of spe-
cial architectural or historic interest ought to be preserved or
protected, as hereinafter provided.

(2) The Town and Country Planner shall compile or cause to
be compiled or adopt the compilation of a list of the buildings of
special architectural or historic interest in any area, and may
amend, add to or delete from any such list of buildings so com-
piled and submit that list to the Minister for approval.

(3) Before compiling, adopting or amending any list hereun-
der, the Town and Country Planner shall consult with the Na-
tional Parks Authority, the St. John's Development Corporation
and such other persons or bodies of persons as appear to him or
her appropriate as having special knowledge of, or interest in
buildings of architectural or historic interest.

(4) As soon as may be after the approval of the compilation
of a list or the amendment of a list, a notice shall be published in
the Gazette and at least one daily newspaper, of the compilation

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or amendment of the list and of the place or places where the list
may be inspected.

(5) The Authority shall serve notice on every owner and
occupier of a building which has been placed on a list of build-
ings informing them of that fact.

(6) Subject to this section so long as a building (not being a
building to which a building preservation order applies) is in-
cluded in a list compiled or approved under this section, no
person shall execute or cause or permit to be executed any works
for the demolition of the building or for its alteration or exten-
sion in any manner which would seriously affect its character
unless no less than 60 days prior to the execution of the works
notification of the proposed works has been given in writing to
the Authority.

(7) Nothing in subsection (6) shall render unlawful the execu-
tion of any works which are urgently required in the interests of
safety or health or for the preservation of the building or of
neighbouring property, provided that notice in writing thereof
has been given to the Authority as soon as may be after the
necessity for the work arises.

(8) Where the Authority receives notice of any proposed
works under subsection (6) it shall soon as may be send a copy
of the notice to the Minister, the National Parks Authority, the
St. John's Development Corporation and to such other persons
or bodies as may be specified by directions of the Minister
either generally or in respect of the building in question.

44. (1) Where it appears to the Town and Country Planner Building
that it is desirable having regard to the iniportance of preserv- Preservation
ing the landscape, architectural, cultural or historical heritage of OrdeTS.

the country to make provision for the preservation of any build-
ing or group of buildings of special architectural or historic in-
terest in the country, the Town and Country Planner may for that
purpose make an interim building preservation order restricting
the demolition, alteration or extension of the building or group
of buildings.

(2) For the purposes of this section a group of buildings may
be made the subject of a building preservation order if by reason

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of their proximity and relationship to each other it is considered
desirable that, the whole group should be preserved.

(3) A copy of the interim building preservation order shall -

(a) be served on every owner and occupier of the build-
ing or group of buildings concerned;

(b) be affixed in a prominent place on each building to
which the order applies;

(c) specify the building or group of buildings to which
it relates;

(d) state the effect of the interim order and when it
comes into effect;

(e) invite the owners and occupiers and any other per-
son with an interest in the building or group of build-
ings to make representations within 28 days of the
service or the affixing of the interim building preser-
vation order.

(4) An interim building preservation order shall be in force for
a period of 90 days and shall cease to have any effect at the
termination of that period unless it is confirmed by the Minister
before the termination of that period.

(5) Where an interim building preservation order has been
made in respect of a building or group of buildings and while it
is in force, any person who executes or causes or permits the
execution of any works for the demolition of, alteration or addi-
tion to or any other building operations other than essential
repairs or maintenance on that building or group of buildings
without first obtaining permission from the Authority shall be
guilty of an offence.

( 6 ) In considering whether to grant, with or without condi-
tions, or to refilse, permission for any demolition, alteration,
addition or other building operations on, or in the curtilage of, a
building or group of buildings which is the subject of an interim
building preservation order, in addition to any other matters
which under the provisions of this Act, it is required to take into
account, the Authority shall have regard to -

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(a) the matters mentioned in subsections (1) and (2);

(b) the desirability of allowing such economic activity
within the building or group of buildings as will fa-
cilitate their continued preservation and use;

(c) the quality of architectural design of any proposed
additions to or new buildings within the curtilage of
the building or group of buildings.

(7) Notice of the service of an interim building preservation
order shall be published in at least one daily newspaper and of
the opportunity for any member of the public to make written
representations on or objections to the interim preservation or-
der within 28 days of the date of the notice.

(8) The Minister may after considering the representations of
the owners and occupiers and any other representation made
under subsection (7) and the comments of the Authority on any
such representation, confirm with or without modifications or
cancel the interim building preservation order.

(9) An interim building preservation order shall from the date
of the confirmation or without modifications thereto become a
building preservation order.

(10)Notice of the making of a building preservation order
shall be published in the Gazette and at least one daily newspa-
per.

(1 1) A building preservation order shall -

(a) be served on every owner and occupier of the build-
ing or group of buildings to which it applies;

(b) specify the building or group of buildings to'which
it applies;

(c) state the effect of the order and when it comes into
effect; and

(rl) inform the owner and occupier of the building or
group of buildings of the opportunities for making
an appeal against the order under section 69.

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(1 2) Where an appeal is made against a building preservation
order, the order shall remain in full force and effect notwith-
standing the making of the appeal.

(13) The provisions of subsection (5) apply to a building
preservation order as they apply to an interim building preser-
vation order.

Purchase notice 45. (1) Where the owner of a building for which a building
with respect preservation order has been confirmed, claims that -
buildings subject
to a building
preservation (a) the building has become incapable of reasonably
order. beneficial use in its existing state; or

(b) the building cannot be rendered capable of reason-
ably beneficial use by the carrying out of the condi-
tions imposed by the building preservation order;

he or she may within the prescribed time and in the prescribed
manner serve on the Attorney General a purchase notice requir-
ing the Crown to purchase his or her interest in the building.

(2) The provisions of subsection 67 (3) (a) and 0, and (4)
shall apply to a purchase notice served under subsection (1) as
if for the word "land" there were substituted the word "building"
and as if for the words "modification or revocation notice, the
discontinuance notice, the public access notice or the environ-
mental protection order there were substituted the words
"building preservation order".

Plant preserva- 46. (1) Where the Minister, after consultation with the Minis-
tion order. ter responsible for the environment and the Minister responsible

for agriculture, is of the opinion that it is desirable for amenity,
environmental, landscape, scientific or similar reasons that any
plant or group or species of plants, ought to be preserved, the
Minister may make a plant preservation order with respect to
such plant, group or species of plant.

(2) Any person who without the permission (with or without
conditions )of the Authority, cuts down, tops, lops, digs up or
destroys the plant, group or species of plant, to which a plant
preservation order applies, is guilty of an offence.

(3) A plant preservation order shall -

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(a) be served on the owner and occupier of the land on
which the plant, group or species of plants, to which
the order applies is situated;

(b) specify the plant, or group or species of plant, to
which it applies;

(c) define the position of the plant, group or species of
plant, by reference to a map which shall be available
for inspection at a place specified in the order;

(d) state the effect of the plant preservation order and
when it comes into effect; and

(e) inform the owner and occupier and any other per-
son with an interest in the land on which the plant or
group or species of plant, is situated of the opportu-
nities for making an appeal against the plant preser-
vation order.

(4) Where an appeal is made against a plant preservation
order, the order shall remain in full force and effect notwith-
standing the making of the appeal.

( 5 ) No plant preservation order made under this section shall
apply to the cutting down, topping or lopping of plants or trees
that are dying or dead or have become dangerous or the cutting
down, topping or lopping of any plants or trees in conlpliance
with any obligation imposed by or under any Act or so far as
may be necessary for the prevention or abatement of a nui-
sance.

( 6 ) Notice of the making of a plant preservation order shall be
published in the Gazette.

47. (1) In any case in which the Town and Country Planner Amenity orders.
considers that land is -

(a) unsightly and injurious to the amenity of the area,
and visible to persons using a public highway or
any other area to which the public has a right of
access; or

(b) likely to be or is offensive to persons residing in the
immediate neighbourhood of such land, by reason

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of any waste, rubbish, derelict or abandoned ma-
chinery or articles or materials of any kind, or the
dilapidated state of any structure or building thereon;

he may prepare and submit to the Authority a draft amenity
order.

(2) An amenity order shall state clearly -

(a) the land to which it applies, and the owner or occu-
pier thereof;

(b) any matter that is required to be cleared;

(c) if screening is required to be carried out, the re-
quirements to effect the screening,

(d) the time, not being less than 28 days from the date
of service of the order upon the owner or occupier,
for compliance with the order;

(e) in the case of an order requiring clearance, the mat-
ter which must be destroyed, or the place, being an
authorized place for the disposal of rubbish, to which
it must be removed, as appropriate;

in the case of a building, the manner in which the
building is required to be repaired, painted or de-
molished, in whole or in part;

(g) where the Town and Country Planner is aware that
the occupier of land to which an amenity order is
made is not the owner, the action that is required to
be taken by the occupier and the action to be taken
by the owner.

(3) A draft amenity order prepared by the Town and Country
Planner under subsection (1) shall be submitted to the Author-
ity, together with a statement by the Town and Country Planner
in support of the proposed action.

(4) The Authority may approve or reject the draft order.

(5) Where the order is approved by the Authority, copies
shall be served on the occupier, or, owner of the land concerned,

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or if no such person can be found, may be served by affixing a
copy of the order in a conspicuous place on the land concerned.

(6) If any person upon whom an amenity order is served fails
to comply with the requirements of the order within the time
specified in that order or any extension thereof approved by the
Authority, the Authority may arrange for the work to be carried
out at the expense of the person who is in default, and may
recover the cost of so doing as a civil debt from the person in
default.

48. (1) Any person upon whom an amenity order has been Appeal against
served under the provisions of section 47 may appeal to the Amenity orders.

Tribunal constituted under Part IX against the making or terms
of such order.

(2) An appeal made under subsection (1) may be on any of
the following grounds -

(a) the person upon whom an order has been served is
not an owner or occupier of the land to which the
order applies;

(b) the person upon whom the notice has been served
has no control over and no authority to remove,
destroy or demolish any matter or building referred
to in the order;

(c) the time within which the order must be complied
with is not reasonably sufficient for the purpose;

(d) the work specified in the order is unreasonable in
character or extent or is unnecessary,

(e) that having regard to the character and condition of
land and buildings in the immediate neighbourhood,
the order is unreasonable.

(3) The Tribunal, upon the hearing of an appeal under this
section may c o n f i i with or without modification, or may quash,
in whole or in part, the order against which the appeal is made.

(4) Where an appeal is made under this section, the operation
of the order which is the subject of the appeal shall be sus-
pended pending the determination of the appeal.

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Public access to 49. (1) Where it appears to the Governor-General, acting on
land for
recreational

the advice of the Cabinet, that it is desirable that members of the

purposes. public should have access to any unoccupied Crown land for
open air recreation and perambulation on such land, the Gover-
nor-General may declare by notice in the Gazette that the public
shall have access to such land on such terms and conditions as
may be specified in such notice.

(2) In any other case, the Minister may negotiate an agree-
ment for such access with the owner or tenant thereof, on such
terms as may be agreed.

(3) In any case where the Minister is unable to obtain the
agreement of the owner or tenant for such access, .the Minister
may acquire a right of way over such land in accordance with
the provisions of the Land Acquisition Act, as being an interest
in land required for public purposes within the meaning of that
Act, and shall confer a public right of access by notice in the
Gazette on such terms as may be specified in such notice, but in
such case the owner or tenant of the land shall be entitled to
receive compensation from the Crown for the depreciation, if
any, in the value of his or her interest in the land by reason of
such right of access by members of the public.

(4) If agreement cannot be reached in such a case as is men-
tioned in subsection (3), as to whether or not any compensation
is payable or as to the amount thereof, the matter shall be deter-
mined in accordance with the provisions of the Land Acquisi-
tion Act.

(5) The Minister may at any time alter or amend the terms on
which members of the public have access to any land under the
provisions of this section, except that where such access has
been authorized with the agreement of the owner or tenant, al-
teration of such terms shall only be authorized with the agree-
ment of the owner or tenant.

~ u b l ~ c A cess 50. (1) There shall be at least one public landward access to
and right of way every beach in Antigua and Barbcda.
to beaches.

(2) Where there is no alternative public access, traditional
ublic use of a private landward access through an existing
rivate development shall be sufficient grounds for establish-
g a public right of way over that access for the purpose of

access to the beach by the public.

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(3) Where the only landward access to a beach is through an
existing private development where traditional public use pur-
suant to subsection (2) of this section has not been established,
the Crown may acquire the right to public use of that beach
access by gift, negotiation, contract, purchase or lease, compul-
sory acquisition 'in exchange for other property, interest, or
financial exemption, or by such other means as the Minister may
recommend, as a condition of issuance of any permit or licence
required under'the provisions of any Act.

(4) Where land is acquired by way of compulsory acquisition
for a beach access the provisions of the Land Acquisition Act
shall apply in respect of such acquisition.

(5) Where a proposed development is llkely to adversely
affect the public's ability to access a beach from the landward
side, any development permit shall require as a condition a land-
ward public access through the development at all times free of
charge.

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

51. (1) Subject to this section, provision shall be made by control of
regulations under this Act for restricting or regulating the dis- advertisements.

play of advertisements so far as appears to the Authority to be
expedient in the interest of amenity or public safety, and without
restricting the generality of the foregoing, any such regulations
may provide -

(a) for regulating the dimensions, appearance and po-
sition of advertisements that may be displayed, the
sites on which the advertisements may be displayed,
and the manner in which they are to be affixed to
land;

(b) for requiring the consent of the Authority to be ob-
tained for the display of advertisements, or of ad-
vwisement of any chss specified in the regulations;

e

(c) for applyingdn relation to any such consent and to
applications therefor, any of the provisions of Part
IV relating to permission to develop land and to
application for development permits, subject to such

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No. 6 of 2003.

adaptations and modifications as may be specified
in the regulations;

(d) for enabling the Authority to require the removal of
any advertisement that is being displayed in contra-
vention of the regulations, or the discontinuance of
the use for the display of advertisements of any site
that is being used for that purpose in contravention
of the regulations, and for that purpose for applying
any of the provisions of this Part with respect to
compliance notices, subject to such adaptations and
modifications as may be specified in the regulations;

(e) for the constitution, for the purposes of the regula-
tions, of such advisory panels as may be prescribed
by the regulations, and for determining the manner
in which the expenses of any such panels are to be
defrayed.

(2) Subject to section 52, regulations made under this section
may be made so as to apply to advertisements that are being
displayed on the date on which the regulations come into force,
or to the use for the display of advertisements of any site that
was being used for that purpose on that date.

(3) Regulations made under this section shall provide for
exempting therefrom -

(a) the continued display of any such advertisement as
referred to in subsection (2); and

(b) the continued use for the display of advertisements
of any such site as referred to in subsection (2),
during such period as may be prescribed in that
behalf by the regulations, and different periods may
be so prescribed for the purposes of different provi-
sions of the regulations.

(4) Regulations made under this section may direct that any
Act, regulations or bylaws, affecting the display of advertise-
ments in force on the day when the regulations made under this
section come into operation, shall not apply to the display of
advertisements in any area to which the regulations made under
this section apply.

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(5) Regulations made for the purpose of this section may
make different provisions with respect to different areas and in
particular may make special provision -

(a) with respect to environmental protection areas;

(b) with respect to areas defied for the purposes of the
regulations as areas of special control, being areas
which appear to the Minister to require special pro-
tection on the grounds of amenity.

(6) In exercising the powers conferred by this section the
Minister shall -

(a) in the interests of amenity, determine the suitability
of sites for the display of advertisements having
regard to any development plan applicable to the
area and to the general characteristics of the local-
ity including the presence of any feature of archi-
tectural, historic, cultural or similar interest and the
natural beauty or scenic value of the locrility;

(b) in the interests of public safety have regard to the
safety of persons who may use any road, dock,
harbour or airfield and in particular shall consider
whether any display of advertisements thereon is
likely to hinder or obscure any road or traffic sign or
any aid to navigation by air or water.

52. (1) Where the display of advertisements in accordance Supplementary
with regulations made under section 5 1 involves the develop- pr0visiorls dGr

ment of land within the meaning of this Act a development per-
rnit for that development shall be deemed to be granted by virtue
of this section, and no application shall be necessary in that
behalf under the provisions of Part IV.

(2) Without affecting any provisions included in regulations
made under paragraph (k) of subsection (2) of section 8 1, if any
person displays an advertisement in contravention of the provi-
sions of the regulations, he or she is liable on summary convic-
tion to a fine of such amount as may be prescribed by the regu-
lations, not exceeding five thousand dollars and, in case of a
continuing offence, to a further fine not exceeding five hundred
dollars for every day after the first day during which the display
is so continued.

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(3) For the purposes of subsection (2) and without restricting
the generality thereof, a person shall be deemed to display an
advertisement if -

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

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

(4) A person shall not be guilty of an offence under subsec-
tion (2) by reason only that an advertisement is displayed on
land of which he or she is the owner or occupier, or that his or
her goods, trade, business or other concerns are given publicity
by the advertisement if that person proves that it was displayed
without his or her knowledge or consent.

Environmental 53. (1) The Town and Country Planner may and if SO directed
protection area. by the Minister shall cause a survey to be made of the whole or

any part of the country, either independently of or as part of a
development plan made under Part I11 of this Act, with a view to
determining whether any area of the country ought to be de-
clared an environmental protection area.

(2) Before finally determining whether to recommend to the
Minister that any area should be declared an environmental
protection area, the Town and Country Planner shall -

(a) take such steps as in its opinion will ensure that
adequate publicity is given to its proposals in the
area to which the proposals relate;

(b) provide persons living and working in the area and
any other persons interested in the area with an
opportunity of making representations and com-
ments on the proposals;

(c) consult with the Minister responsible for the envi-
ronment and any other person, body or authority
who appears appropriate as being interested in or
having special knowledge on environmental mat-
ters;

(d) receive and take account of the representations and
comments received on the proposals.

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(3) In determining whether it is desirable to declare any area
an environmental protection area the Minister shall have regard
to -

(a) the survey prepared under subsection (1);

(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 or histori-
cal 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 inter-
ests of the people living and working in the
area.

(4) Where the Town and Country Planner is of the opinion
that any area ought to be declared an environmental protection
area he or she shall submit to the Minister -

(a) his or her recommendations and proposals;

(b) a draft of the environmental protection area order;

(c) a report of the survey made under subsection (1);
and

(d) the representations and comments received on the
proposals.

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Environmental 54. (1) The Minister shall consider the report of the Town
protection area and Country Planner and shall in determining whether to declare
order. any area to be an environmental protection area have regard to

the matters set out in subsection (3) of section 53.

(2) Where the Minister is of the opinion that it is desirable to
afford special protection to an area on account of the matters set
out in subsection (3) of section 55, they may by order declare
that area to be an environmental protection area.

(3) An order made under subsection (1) may -

(a) designate any part of an environmental protection
area as being an area in which, subject to the grant
of developn~ent permits, only certain development
or classes of development may be permitted;

(b) prohibit any development within the area or any
part thereof;

(c) authorize the carrying out in the environmental pro-
tection area of such works and the doing on the
land of such other things as may be expedient for
the protection of fhe area as an environmental pro-
tection area;

(d) provide for control over use of land within an envi-
ronmental protection area for purposes of agricul-
Sure or forestry;

(e) without prejudice to the provisions of Part IV, re-
quire that any person who proposes to undertake
any activity or enterprise (not being an activity or
an enterprise involving development) of a descrip-
tion or category as may be prescribed shall, no less
than 60 days before commencing, notify the Au-
thority of his or her proposals and furnish to the
Authority such documents and information as it may
require;

03 requlre that environmental impact assessment be
undertaken with respect to any proposal for an ac-
tivity, enterprise or development referred to in para-
graphs (a) to (e);

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(g) restrict or prohibit the entry into the area of any
person or the movement of, or any activity carried
out by, any person in the area.

55. In any case in which private land is included in an area Provisions with
which has been declared to be an environmental protection area, respect to la

nd in
environmental and in which the Minister does not acquire the land under the protection areas,

Land Acquisition Act, any person holding any interest in such
land shall be entitled to receive compensation from the Crown
for the depreciation if any, of the value of his or her interest in
the land consequential upon any restriction imposed on his or
her use or interest in the land by reason of such declaration,
such compensation to be determined in the same manner as
compensation payable under section 64, provided that, if agree-
ment cannot be reached between the Minister and the party
concerned as to whether or not any compensation is payable, or
as to the amount thereof, the matter shall be determined under
the provisions of the Land Acquisition Act.

56. (1) The Town and Country Planner may prepare or cause Environmental
to be prepared an environmental protection area management protect'on area

management
plan with respect to any area declared to be an environmental
protection area under section 54.

(2) The purpose of a plan prepared under this section shall be
to set out the operational policies and measures for the preser-
vation, enhancement and management of the special features of
the environmental protection area, including as may be relevant
to the area to which the order applies, policies and measures
for -

(a) the preservation of marine and terrestrial flora and
fauna including the regulation of hunting and
fishing;

(b) the protection of water supplies, water catchment
areas and mineral resources;

(c) the prevention of erosion, landslips and flooding;

(d) the control of fires;

(e) the control of pollution;

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fl 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 prohibition, restriction or regulation of access
to any area and the prevention of squatting;

(i) the development of facilities for residents and visi-
tors for the enjoyment of the special features of the
environmental protection area;

) the development of facilities for educational visits,
study and research of the special features of the
environmental protection area.

Ministerial Order 57. (1) Where the Minister is satisfied on information re-
to protect the ceived from the Town and Country Planner, that it is in the pub-
environment.

lic interest for the purpose of preventing or mitigating a speci-
fied environmental threat or hazard so to do, the Minister may
by order published in the Gazette, direct the Town and Country
Planner to take such steps as are necessary to remove, mitigate
or prevent any condition that poses or is likely to pose a threat
to the environment and the Town and Country Planner shall act
in accordance with such order.

(2) An order under subsection (1) may be made to extend to
the whole of the country or to any part thereof, and may contain
such ancillary and supplementary matters as the Minister thinks
appropriate for removing, mitigating or preventing any condi-
tion that poses or is likely to pose a threat to the environment.

(3) An order made under subsection (1) shall be subject to
the negative resolution of Parliament.

(4) The Town and Country Planner shall cause a copy of
every order made under this section to be posted in a conspicu-
ous place at every police station and post office in the country.

(5) Any person who -

(a) obstructs any person in carrying out any measures
authorized by an order under subsection (1); or

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(b) contravenes any provision of such order,

commits an offence, and is liable on summary conviction before
a Magistrate to a fine not exceeding twenty thousand dollars.

PART W

BUILDING REGULATIONS

58. (1) The Minister may make regulations hereinafter re- Building
fened to as 'building regulations" with respect to the design regulations.
and construction of buildings and the provision of services,
fittings and equipment in or in connection with buildings and
particularly with respect to the following matters -

(a) as to new buildings -

(i) the preparation and foundations of the site;

(ii) the method of construction, structural
strength and stability;

(iii) the suitability and durability of the materials,
including materials of short life and their pres-
ervation from decay and infestation;

(iv) the space about buildings;

(v) the insulation, lighting and ventilation of
rooms;

(vi) the dimensions of rooms and spaces;

(vii) fire precautions and safety;

(viii) plumbing and water supply;

(ix) drainage;

(x) sanitation;

(mi sewage disposal;

(xiii electrical installations, wiring and supply of
electricity, gas installations and piping, and
telecommunications services;

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(xiii) lifts and other mechanical means of convey-
ance for access;

(xiv) refuse disposal, storage, treatment and re-
moval of waste, and emission of noxious or
offensive substances;

(xv) hurricane and earthquake precautions and
protection;

(xvi) means of access to and egress from build-
ings;

(xvii) low cost housing;

and any matters connected with, or ancillary to, any
of the foregoing matters;

(b) as to existing buildings, structural alterations or ex-
tensions to buildings;

(c) so far as they relate to the matters mentioned in this
paragraph, regulations made under paragraph (a),
may be made to apply to buildings erected before
the date on which the building regulations came
into force but except as aforesaid shall not apply to
buildings erected before that date; and

(d) generally, for carrying the purposes or provisions
of this Part of the Act into effect.

(2) Building regulations may -

(a) exempt any building, part of a building or class of
building from any of the requirements of the
regulations;

(b) provide for different regulations to apply to differ-
ent buildings, parts of buildings or classes of build-
ings;

(c) provide for the imposition of or impose conditions
on any permit to construct a building.

(3) Regulations made under this section may include provi-
sions as to -

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(a) the preparation of plans, sections, specifications and
written particulars;

(b) the giving of notices and certificates, the inspection
and testing of work, (including the power to require
the uncovering of work which has been covered
prior to Inspection), the testing of drains and sew-
ers, and the taking by the Authority or a building
inspector of samples of materials to be used in the
construction of buildings or in the execution of other
works; and

(c) the prescribing and payment of fees.

59. It shall be a function of the Authority to enforce building Appointment of
regulations and the Authority shall appoint such persons as it building

shall deem appropriate, as building inspectors, to assist the Town Inspectors.

and Country Planner in the performance of such function.

60. (1) No development permit shall be issued in respect of Passing and
any building operations where - rejection of

plans.

(a) the plans are defective;

(b) the building contravenes any provision of building
regulations; or

(c) there is a failure to comply with the provisions of
this Part, in which case the Town and Country Plan-
ner shall refer those plans to the Authority together
with a recommendation thereon.

(2) If the Town and Country Planner on referring plans in
accordance with subsection (1) considers that the operation of
any requirement contained in building regulations would be un-
reasonable in relation to that particular case, the Authority may
relax or dispense with that requirement.

(3) Building regulations may provide, as regards any require-
ment contained in the regulations, that subsection (2) shall not
apply.

(4) On receipt of any plans on a referral by the Town and
Country Planner under subsection (I), the Authority may -

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(a) reject those plans; or

(b) issue a development permit subject to either or both
of the following conditions namely -

(i) that such modifications shall be made to the
deposited plans as the Authority may specify;
and

(ii) that such further plans shall be deposited
within such time as the Authority may specify;

in order to bring the building into conformity with
building regulations; or

(c) if the Authority is advised by the Town and Coun-
try Planner in the manner indicated by subsection
(2), it may relax or, dispense with the requirements
of buildmg regulations mentioned in that recornmen-
dation and issue a development permit.

(6) Where the Authority rehses to grant a development per-
mit because plans are rejected, the notice of refusal shall state
the defects on account of which, or the building regulation or
section of this Act for non-conformity with which, or under the
authority of which, the plans have been rejected.

(7) Where a development pennit has been issued by the Au-
thority in exercise of any power to relax or dispense with any
requirement of building regulations, or this Part it shall state the
requirements of the building regulations or this Part, relaxed or
dispensed with.

(8) Any question arising between the Authority or the Town
and Country Planner and the applicant as to whether -

(a) the plans are defective; 01

(b) or the building would contravene the building regu-
lations or this Part; or

(c) a relaxation of or dispensing with the requirements
of the building regulations ought to have been
granted under subsection (4);

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may on appeal by the applicant be determined by the Tribunal,
but no such appeal may be made unless it is made before the
proposed work has been substantially commenced.

61. (1) If any work to which building regulations apply, con- Power to require
travenes any provision of this Part or of the regulations, the oval or
Authority, without prejudice to any prosecution under this Part, zZon O'
may by notice require the owner either to pull down or remove
the work or, if the owner so elects, to effect such alteration
therein as may be necessary to make it comply with building
regulations or this Part.

(2) If a person to whom a notice has been given under the
foregoing provisions of this section fails to comply with the
notice before the expiration of the period specifitd in the notice,
or such longer period as the Authority may allow, the Authority
or any department or officer of the Government or any contrac-
tor or officer of the Government or any contractor engaged by
any of them may pull down the work, or effect such alterations
therein and the Authority may recover from that person the
expenses reasonably incurred in so doing as a civil debt.

(3) Nothing in this section shall affect the right of the Au-
thority or of the Attorney General or any other person to apply
for an injunction for the removal or alteration of any work on the
grounds that it contravenes the building regulations or any pro-
vision of this Part.

62. (1 ) A person aggrieved by the giving of a notice under Appeal against
section 61 may appeal to the High Court. Notices.

(2) On appeal under this section, the Court shall -

(a) if it determines that the Authority was entitled to
give notice, confirm ,the notice; and

(b) in any other case, give the Authority a direction to
Withdraw the notice.

(3) An appeal under this section shall be brought within 28
days of the giving of notice under section 61 and the notice
shall be of no effect pending the final determination or with-
drawal of the appeal.

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Commencement 63. (1) When a development permit has been issued, no build-
and completion ing or engineering operations shall be carried out until the de-
notices.

veloper has given notice in writing to the Town and Country
Planner of the intention to commence construction.

(2) Where the Town and Country Planner has been notified
in writing by the developer that permitted building or engineer-
ing operations have been completed, the Town and Country
Planner shall certify if the works have been constructed in ac-
cordance with the development permit and building regulations.

(3) Where a development permit has been granted for the
development of land by way of subdivision and the undertaking
of engineering operations in relation thereto, no parcel of land
within the approved subdivision shall be transferred under the
Registered Land Act unless a completion certificate has been
issued under this Act and the Regulations made hereunder in
respect of the approved engineering operations.

PART WI

COMPENSATION AND ACQUISlTION

Claim for 64. (1) If on a claim for compensation made to the Minister in
the manner prescribed it is shown that -

(a) where a development permit has been revoked or
modified by notice under section 33 -

(i) the holder of that permit, or the successor in
title to that person, has incurred expenditure
necessarily arising out of commencing to de-
velop or developing in accordance with that
permit or has otherwise suffered loss or dam-
age directly attributable to such revocation or
modification; or

(ii) any person with an interest in the land or who
has lent money on the security of the land,
has suffered loss or damage directly attribut-
able to such revocation or modification; or
that

(b) a person has suffered loss or damage by deprecia-
tion in the value of an interest in land by virtue of -

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(i) the refusal of the Authority, where a building
has been destroyed by f ie , hurricane or other
natural disaster, to allow a building of similar
cubic content to be erected in the same posi-
tion, as near as can be, to the destroyed build-
ing and for the same purposes for which the
destroyed building had been used prior to the
fire, hurricane or other natural disaster;

(ii) the making of a notice under section 42 re-
quiring any use of land to be discontinued or
imposing conditions on the continuance
thereof or requiring that buildings or works
on land be altered or removed; or

(iii) the making of an environmental protection area
order under section 54;

then the Minister shall, subject to the provisions of
this Part, pay to that person compensation assessed
in accordance with this Part in respect of that expen-
diture, loss or damage.

(2) Compensation payable shall be assessed respect of loss
or damage consisting of the depreciation in value of any interest
in land directly attributable to the revocation or modification of
a development pennit if -

(a) the development permitted by the development per-
mit revoked or modified has not been carried out; or

(b) the person claiming compensation acquired an in-
terest in the land or building to which the develop-
ment pernit relates for valuable consideration, after
the grant of that-development permit and such de-
velopment permit, at the material time, had not lapsed
under the provisions of section 30.

(3) For the purposes of this section, any expenditure incurred
in the preparation of plans for the purposes of any work, or
upon similar matters preparatory thereto, shall be taken to be
included in the expenditure incurred in carrying out that work.

(4) No compensation shall be payable under this section in
respect of any work carried out before the grant of a develop-

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ment permit which is revoked or modified, or in respect of any
other loss or damage (not being loss or damage consisting of
depreciation of the value of an interest in the land) arising out of
anything done or omitted to be done before the grant of that
permit.

(5) If a person has suffered loss or damage consisting of
depreciation in the value of an interest in land by virtue of a
planning decision referred to in subsection (I), compensation
shall be payable in an amount equal to the difference between
the value of the interest in the land and what the value would
have been if the relevant decision had been a decision to the
contrary effect, but no compensation shall be paid under in
respect of loss or damage consisting of depreciation of the value
of an interest in land where that value was attributed to use of
the land or development thereon which was in breach of plan-
ning control.

(6) A claim for compensation alleged to be payable under t h s
Part shall be made in writhg to the Minister within six months of
the date upon which notice of the decision which gives rise to
the claim was served upon the claimant or within six months of
the date on which the order was made.

(7) When a claim is made under subsection (1), the Minister
by written notice served on the claimant, may require the clainl-
ant to provide such further information in support of the claim
as may be specified in the notice, and a decision on the claim
may be deferred until such further information has been sup-
plied by the claimant.

(8) Where a claim for compensation has been made to the
Minister -

(a) he shall consult with the Authority, who after mak-
ing such enquiries as it thinks fit shall submit its
own recommendation on the matter to the Minister;

(b) where it appears to the Minister that the decision
which gave rise to the claim might properly be with-
drawn or modified, the Minister may refer the matter
to the Tribunal for its determination as if the claim
for compensation had included an appeal against
the decision which gave rise to the claim;

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(c) where such a claim for compensation cannot be
settled through negotiation between the claimant
and the Minister, the Minister shall refer the ques-
tion as to whether any compensation is payable to
the claimant, or as to the amount thereof, for deci-
sion by the High Court, which for the purpose shall
be constituted as provided by the Land Acquisition
Act, .and the provisions of that Act shall apply mu-
tatis mutandis to the assessment of compensation
payable under this Part as they apply in the case of
compensation payable under the Land Acquisition
Act.

65. Where any compensation is payable under this Part in Position where
respect of the depreciation of the value of an interest in land land is subject to

which is subject to a mortgage - mortgage.

(a) the amount of the compensation payable shall be
assessed as if the interest was not subject to the
mortgage;

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

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

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

66. (1) Where a claim for compensation is made under sec- Registration of
tion 64nbtice of that fact shall - claim for

compensation.

(a) be recorded in the register of planning applications;
and

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No. 6 of 2003.

(b) be deposited with the Registrar of Land;

(2) Notices deposited under this section shall specify -

(a) the land to which the claim for compensation re-
lates;

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

(c) the amount of the compensation and any appor-
tionment of it among claimants.

Purchase notice 67. (1) Where any person having an interest in land for
with respect to WlliCh-
adverse
decisions.

(a) a development permit has been refused and there is
available with respect to that land no development
permit to which this Act applies;

(b) a development permit has been revoked or modified
by imposition of conditions;

(c) a discontinuance notice has been served under sec-
tion 42;

(d) a public access notice has been made under section
49; or

(e) an environmental protection area order has been
made under section 53;

claims that such land has become incapable of reasonably
beneficial use in its existing state, or cannot be rendered
capable of reasonably beneficial use by the carrying out
of the conditions of the modification or revocation notice,
the discontinuance notice or the environmental protec-
tion area order as the case may be; that person may within
the prescribed time and in the prescribed manner serve on
the Attorney General a purchase notice, requiring the
Crown to purchase his or her interest in the land.

(2) Where the purchase notice served under subsection (1)
relates to the refusal of a development permit, the making of a

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modification or revocation notice or the making of a discontinu-
ance notice, the Minister may if he or she considers it expedient
so to do, refer it to the Tribunal for reconsideration of the refusal
of grant of a development permit, the making of the modification
or revocation notice or the making of the discontinuance notice.

(3) The Minister may -

(a) refuse to confirm the purchase notice; or

(b) if satisfied that the land has become incapable of
reasonably beneficial use in its existing state, or can-
not be rendered capable of reasonably beneficial
use by the carrying out of the conditions of the
modification or revocation notice, the discontinu-
ance notice or the environmental protection area
order as the case may be, shall confirm the purchase
notice; or

(c) instead of confirming the notice -

(i) grant a development permit to any develop-
ment application in question;

(ii) cancel or amend the modification or nvoca-
tion notice;

(iii) revoke or amend the discontinuance notice.

PART IX

APPEALS

68. (1) There is hereby established an Appeals Tribunal for Establishment of
the purpose of hearing and determining appeals referred to it Appeals Tribunal.

under this Act.

(2) The Tribunal shall be appointed by the Minister and shall
consist of -

(a) a Chaqerson, who shall be a legal practitioner;

(b) a Civil Engineer or an Archtect or a Town and Coun-
try Planner (other than the one appointed under sec-
tion 6);

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(c) two persons who have knowledge and experience
of matters relevant to this Act; and

(d) one person who has knowledge and experience in
environmental matters.

(3) A member of the Tribunal shall hold office for a period not
exceeding two years but shall be eligible for reappointment upon
the expiry of any such period.

(4) The names of all members of the Tribunal as first consti-
tuted and every change in the membership thereof shall be pub-
lished in the Gazette.

(5) The Town and Country Planner shall appoint from the
staff of the Authority a secretary to the Tribunal.

(6) The secretary shall keep a written record of all proceed-
ings of the Tribunal which shall be confirmed by the chairman.

(7) The decisions of the Tribunal shall be by a majority of
votes of members present and voting and in addition to an origi-
nal vote, the chairman shall have a second or casting vote in any
case in which the voting is equal.

(8) A member of the Tribunal who is in any way directly or
indirectly interested in a matter coming before the Tribunal shall
declare the nature of his or her interest in the matter as soon as
it is practicable to do so, and shall take no part directly or indi-
rectly in any deliberation, discussion, consideration or similar
activity by the Tribunal on that matter.

(9) Subject to the provisions of this Part, the constitution and
procedure of the Tribunal shall be such as may be prescribed by
the Minister.

Right of Appeal. 69. (1) Any applicant, or person other than an applicant,
whose interest in land may be affected by a decision of the
Authority set out in subsection (2) if dissatisfied with such a
decision of the Authority may appeal to the Tribunal against
that decision in the manner prescribed hereunder.

(2) An appeal shall lie to the Tribunal against any decision
made by the Authority under this Act -

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(a) refusing to grant a development permit;

(b) any condition subject to which a development per-
n i t has been granted;

(c) refusing consent to display an advertisement;

(d) any condition subject to which consent to display
an advertisement has been granted;

(e) modifying or revoking a development permit;

@ requiring the completion of a development within a
time limit:

(g) refusing a building permit;

(h) refusing to relax or dispense with the requirements
of the building regulations;

(i) imposing a building preservation order;

) imposing a plant preservation order;

(k) making an amenity order, on any of the grounds
mentioned in subsection (2) of section 48;

( I ) issuing an enforcement notice or as to the terms
thereof;

(m) issuing a notice requiring discontinuance of use or
alteration or removal of buildings or works.

(3) Subject to any provisions to the contrary in this Act, any
person wishing to appeal under subsection (2) shall send a no-
tice of appeal to the secretary of the Tribunal within -

(a) 42 days of the determination of the decision which
is to be appealed against under any one of para-
graphs (a) to (h) of subsection (2); or

(b) 42 days of the date on which the order which is to be
appealed against under paragraphs (i) to (k) of sub-
section (2) was served; or

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(c) the period specified in the notice as the period at
the end of which the notice is to take effect in the
case of a notice which is to be appealed against
under paragraphs (I) or (m) of subsection (2).

(4) Upon receipt of a notice of appeal, the secretary of the
Tribunal shall forthwith send a copy thereof to the Authority.

(5) A notice given under subsection (3) shall set out -

(a) concisely the decision appealed against;

(b) a description of the land affected thereby;

(c) the name of the appellant;

(d) the interest of the appellant in the land affected by
the decision; and

(e) concisely the grounds on which the appellant wishes
to appeal against the decision.

(6) Where notice given under subsection (3) the Town and
Country Planner shall forward to the Tribunal -

(a) a copy of all papers and documents submitted by
the appellant or any person acting on his or her
behalf to the Authority;

(b) a copy of the decision appealed against;

(c) a plan sufficiently identifying the location and
boundaries of the land affected by the decision.

(7) On receipt of a copy of the notice given wider subsection
(3) the Tribunal shall reject the notice of appeal if -

(a) it appears not to comply with subsection (5) but the
tribunal may give an opportunity to the appellant to
rectify the notice within such period as it may
determine;

(b) the appellant appears not to have any sufficient in-
terest in land affected by the decision to justify an
appeal by that person against the decision. "

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(8) The Tribunal shall, in its discretion, direct whether the
appeal shall be dealt with by public inquiry or, by written repre-
sentations and shall, within 28 days of receipt of the notice of
appeal, notify the appellant and the Authority accordingly.

(9) Unless the Tribunal directs that a public inquiry shall be
held in relation to an appeal, the appeal shall be dealt with by
written representations.

(1 0) The Tribunal shall take the following matters into con-
sideration before deciding whether the appeal may be dealt with
by written representations or by public inquiry -

(a) whether the public interest requires that all persons
(including the appellant) who may have a view to
express in relation to the matter to which the appeal
relates should have an opportunity of having their
views taken into account of submitting evidence
and of examining witnesses called by others;

(b) without prejudice to the generality of paragraph (a)
whether it would reasonably practicable to deal with
the appeal by way of written representations;

(c) the nature, scale and location of the development to
which the appeal relates.

(1 1) Where the Tribunal decides that a public inquiry shall be
held, it shall notify the appellant and the Authority of the fact
and of the time and place at which the public inquiry shall be
held and a notice thereto shall be published in the Gazette.

70. (1) Whenever the Tribunal has directed that an appeal to Appeals by
which section 69 relates shall be dealt with by written represen- written
tations the secretary to the Tribunal shall send a copy of the representations.

direction to the appellant and to the Authority and each of them
shall within six weeks thereafter send to the Tribunal and to the
other of them such written representations as they wish to make
in relation to the appeal (hereinafter referred to as "written repre-
sentations").

(2) Within 28 days of the receipt of the written representa-
tions of the other, or within the six weeks period specified in
subsection (I) , which ever is the later, the appellant and the

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Authority shall send to the Tribunal and to the other of them in
writing such further representations as they may wish to make
arising out of the written representations of the other.

(3) The Tribunal in deciding an appeal by mitten representa-
tions, shall not -

(a) receive any oral evidence or submissions; or

(b) consider any representations in writing other than
those provided for by subsections (1) and (2) un-
less it has given the appellant or the Authority (as
the circumstances require) a full and sufficient op-
portunity of answering them in writing.

(4) The record to be kept of the proceedings under this sec-
tion shall contain -

(a) a list of the names and addresses of the parties;

(b) a summary of the written representations submit-
ted;

(c) a list of all models, maps, plans, drawings, sketches,
diagrams, photographs, petitions, and written state-
ments submitted with the written representations;

(d) the Tribunal's findings of fact in relation to any rel-
evant matter;

(e) a full and clear account of the reasoning of the Tri-
bunal on which its decision is based; and

fl the decision of the Tribunal on the appeal.

(5) The Tribunal acting in its discretion shall, following the
expiration of the period specified in subsection (2), decide the
appeal and in deciding shall have like powers to those under
subsection (1) of section 73 and shall determine its own procedure
in relation to appeals by written representations, and the
provisions of section 71 shall apply, with necessary modifica-
tions, to appeals under this section.

Procedure at 71. (1) It shall be the primary function of a public inquiry to
public inquiries. determine the merits of the appeal having regard to the pur-

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poses of this Act set out in section 3, the need to secure consis-
tency in the execution of policy, any approved plan relevant to
the issues and any other relevant considerations.

(2) Subject to the provisions of this Act and any regulations
made thereunder, the Tribunal may in its discretion determine
the procedure to be followed at any public inquiry directed un-
der section 71 as. appears to it most convenient to enable the
functions referred to in subsection (1) to be fulfilled without
being bound to adopt such procedure as might be appropriate
in a court provided that the Tribunal shall -

(a) at all times have regard to the rules of natural justice
in the conduct of the proceedings for the determina-
tion of the appeal;

(b) ensure, when hearing evidence of one party, that
the other party has had an opportunity to consider
that evidence and to make comment or representa-
tion on it.

(3) Without prejudice to the generality of subsection (2) -

(a) there may be given and received in evidence at a
public inquiry any material, which the Tribunal may
consider relevant to the subject matter of the in-
quiry whether or not it would be adrmssible in a
court of law;

(b) evidence at a public i nquq may be given on oath or
affmation or as unswom evidence or partly as sworn
evidence and partly as unsworn evidence, as the
Tribunal may think fit;

(c) any interested party may appear in person or may
be represented by another person acting with his or
her authority and whether or not that other person
is a legal practitioner.

72. A record shall be kept of all public inquiries held by the Records of public
Tribunal. inquiries.

(2) The record under this section shall contain -

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(a) a list of the names and addresses of all persons
heard at the public inquiry and, where any such
person was represented by another, the name and
address of that representative;

(b) a list of the names and addresses of all persons
giving evidence at the public inquiry;

(c) a summary of the evidence given by each person
who gave evidence at the inquiry;

(d) a list of all exhibits (including models, maps, plans,
drawings, sketches, diagrams, photographs, peti-
tions, and written statements) received in evidence
at the inquiry;

(e) the Tribunal's findings of fact in relation to any rel-
evant matter;

@ a full and clear account of the reasoning of the Tri-
bunal on which its decision is based; and

(g) the determination of the Tribuna! as to the manner
in which the appeal should be disposed of.

(3) Every record under this section shall be accompanied by
all documents referred to in paragraph (d) of subsection (2).

Decision and 73. (1) The Tribunal in deciding whether to allow or dismiss
notification of the appeal may -
appeal.

(a) allow the appeal in whole or in part and quash the
decision of the Authority;

(b) if it allows the appeal in part, do so by varying the
decision of the Authority in any manner and sub-
ject to any conditions or limitations it thinks fit, but
not so as to impose any condition or requirement
the Authority had no power under this Act to im-
pose when making the decision or taking the action
appealed against;

(c) correct any procedural defect in the decision or er-
ror of law in the order of the Authority appealed
against;

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(d) dismiss the appeal and confirm the decision of the
Authority .

(2) As soon as reasonably possible after the decision of the
Tribunal the secretary to the Tribunal shall send to the appel-
lant, to the Authority and to the Minister written notification of
the determination of the appeal together with full and clear rea-
sons for that determination.

PART X

MISCELLANEOUS AND SUPPLEMENTARY

74. (1) Subject to subsection (2), the Authority, any member Powers of Entry.
of the Authority, the Town and Country Planner, or any person
authorized by the Authority in writing, may during working hours
enter on any land or in any building -

(a) to carry out any investigation in connection with
the preparation of any development plan under the
provisions of Part 111;

(b) to obtain information relevant to the determination
of any application for a development permit or for
any consent, licence or permit under this Act;

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

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

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

Cf) to ensure compliance with the Act and regulations.

(2) Any person who enters on any land or building under the
provisions of this section, without the consent of the owner or
occupier thereof, shall give such owner or occupier not less
than twenty-four hours written notice of his or her intention so

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to do and the intended purpose of such entry; and if the person
entering requires to search and bore for the purpose of examin-
ing the nature of the sub-soil, that fact shall be stated in .the
notice.

(3) Before exercising any powers under this section, the Town
and Country Planner or any other person concerned shall pro-
vide evidence of identity and authorisation to the occupier or
other person who is or appears to be in control of the land or
building concerned.

(4) The powers conferred by this section shall be deemed to
extend to permit the Town and Country Planner or other person
concerned to make such examination and inquiries as are neces-
sary to achieve the purposes for which the entry was autho-
rized.

(5) If any damage is caused by reason of the exercise of any
right of entry conferred by this section, or in the making of any
survey for the purpose for which such right of entry was con-
ferred, or by the wrongful or negligent use of powers, conferred,
or alleged to have been conferred, by this section, the Authority
as soon as may be after such entry, shall pay compensation to
the person injured thereby. If the amount of such compensation
cannot be agreed, the amount payable shall be determined in the
same manner as compensation payable under section 64, and
the Town and Country Planner shall refer the matter accord-
ingly.

(6) Nothing in subsections (2) or (5) applies in respect of any
work or operation which the Minister, the Authority, or any
public officer is authorized to do or carry out in relation to any
building or land under Part VII and for the purposes of Part VII
and those regulations it is declared that the Minister, the Au-
thority and any public officer has a right to enter on any land or
in any building during working hours -

(a) for the purpose of ascertaining whether there is, or
has been, on or in connection with the premises, a
contravention of Part VII of this Act;

(b) for the purpose of ascertaining whether or not cir-
cumstances exist that would authorize or require the

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Authority to take any action, or execute any work,
under Part VII of this Act;

(c) for the purpose of taking any action, or executing
any work, authorized or required by Part VII of this
Act or by notice made under Part VII of this Act; or

(d) generally for the purpose of the performance by the
Authority of its functions under Part VII of this Act.

75. Any notice or other document required or authorized to Service of
be given or served under this Act or under any regulation, order,
direction or other instrument made under this Act may be served
on or given to the person concerned -

(a) by delivering it to that person;

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

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

(d) in the case of a body corporate, or other body, by
delivering it to the secretary or other officer of that
body at its registered or principal office in the coun-
try, or by sending it by registered mail addressed to
the secretary or other officer of that body at that
office;

(e) in the case of the Crown, by delivering it or sending
it by registered mail to the Attorney General.

76. (1) For the purpose of enabling the Minister, the Author- Power to require
ity or the Town and Country Planner to make an order or serve a information.

notice or other document under information the provisions of
this Act, the Town and Country Planner may require the owner
or the occupier of any premises, and any person who either
directly or indirectly, receives rent in respect of any land or
premises, to state in writing the nature of his or her interest
therein, and the name and address of any other person known to
him or her to have an interest therein, whether as a freeholder,
mortgagee, lessee or otherwise.

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(2) Any person who, having been required in pursuance of
this section to give any such information, without reasonable
cause fails to give that information within twenty-eight days of
being so required, or such longer period as the Town and Coun-
try Planner may allow in any particular case, shall be guilty of an
offence and liable on summary conviction to a fine of five hun-
dred dollars.

(3) Any person to whom information has been given under
this section, or otherwise under this Act, or who has obtained
any information in the coutse of his or her dudes under this Act,
who makes any unauthorized disclosure of that information to
any person who is not required to receive that information shall
be guilty of an offence and liable on summary conviction to a
fine of [ten thousand dollars] or to imprisonment for six months,
or to both such fine and imprisonment.

Register of 77. (1) The Town and Country Planner shall maintain a regis-
planning n d ter of all -
associated
decisions.

(a) applications for development permits;

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

(c) notices of modification or revocation of develop-
ment permits;

(d) compliance notices, stop notices, injunctions and
discontinuance notices;

(e) public access agreements or notices under sections
49 and 50;

Cf) any orders made or notices served under Part VI;

(g) applications for building permits;

(h) decisions on applications referred to in paragraph
(g) and any conditions attached to approvals;

(i) development agreements under section 28 and
performance bonds under secton 29;

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) purchase notices under section 45;

(k) applications for express consent to display adver-
tisements under section 5 1 ;

(1) claims for compensation under section 64;

(m) decisions on appeals against any decisions made or
action taken under this Act; and

(n) such other documents as the Town and Country
Planner may determine.

(2) Any person who so requests shall be provided by the
Town and Country Planner with a copy of any entry in the reg-
ister upon payment of the prescribed fee.

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

78. (1) The Town and Country Planner shall notify the Regis- Notification of
trar of and, giving full details with respect to the pa;cels of land

Registrar of
affected, of every - Land.

modification or revocation of a development permit;

enforcement notice;

discontinuance notice;

plant preservation order;

amenity order;

development agreement;

claim for compensation;

purchase notice.

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(2) The Registrar of Land shall duly record the matters re-
ferred to in subsection (1) on the Register of Titles.

Death of person 79. Any reference in this Act to any person having a claim
having clam Or for or a right to the payment of compensation, or to appeal
right. against any decision given under this Act, upon the death of

that person before the determination of the matter at issue, shall
be construed as if such reference were a reference to that person's
personal representatives.

Offences. 80. (1) Any person who, without reasonable excuse -

(a) fails to comply with the requirements of -

(i) an enforcement notice issued under section
34;

(ii) a notice to discontinue use or to alter or re-
move buildings or works issued under sec-
tion 42;

(iii) a building preservation order or interim build-
ing preservation order made under section 44;

(iv) a plant preservation order made under sec-
tion 46;

(v) an anienity order made under section 47; or

(b) willfully gives false information, relating to any mat-
ter in respect of which he or she is required to give
information under this Act; or

(c) obstructs any persop in the exercise of any powers
or the performance of any duties under this Act; or

(d) fails to comply with any regulations made with re-
spect to the control of any activities in, or the man-
agement of, any environmental protection area, shall
be guilty of an offence and liable -

(i) on summary conviction to a fine of five hun-
dred dollars, and if, in the case of a continuing
offence, the contravention is after such con-
viction, he or she shall be guilty of a further

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offence and liable to a fine of one hundred
dollars for each day on which the contraven-
tion continues;

(ii) on conviction on indictment, to a fine of ten
thousand dollars, or to imprisonment for six
months, or to both such fine and imprison-
ment.

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

(3) Proceedings in respect of an offence alleged to have been
conlrnitted under this Act may be brought, with the approval of
the Authority, by the Town and Country Planner, provided that
if it is' considered that the gravity of the offence requires that it
be tried on indictment, proceedings shall only be brought by or
with the consent of the Director of Public Prosecutions.

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

(2) Without derogation from the generality of the power con-
ferred by subsection (I), such regulations may provide for -

(a) the form and scope of development plans;

(b) the procedures for public representations during the
preparation of a plan;

(c) the procedures to be followed and the forms to be
used in connection with -

(i) applications for development permits;

(ii) consultation on applications for development
permits;

(iii) enforcement notices;

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(iv) the modification or revocation of-a develop-
ment permit;

(v) claims for compensation;

(vi) purchase notices;

(d) development which may be permitted under sub-
section (2) of section 18, without the prior grant of a
development permit;

(e) the designation of classes of development which
are likely to derogate from amenity under section
22;

Cf) the management and protection of environmental
protection areas and the preservation of any form of
marine or other wildlife therein;

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

(h) access to land for recreational purposes and to
beaches;

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

) the qualifications required of persons signing forms,
plans and drawings on behalf of any applicant for a
development permit and the qualifications required
of persons preparing environmental inipact state-
ments;

(k) the control of advertisements;

(I) the preservation of buildings and plants;

(m) the form of the register to be maintained under sec-
tion 77;

(n) building regulations.

(3) The Land Development and Control Regulations 1996 are
saved and continued in force, notwithstanding the repeal of the

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Land Development and Control Act hereby, and are deemed to
have been made under this section.

(4) Regulations made under this section may provide, for the
breach thereof, for penalties not exceeding five thousand dollars
or imprisonment not exceeding one year.

82. This Act binds the Crown. Effect on the
Crown.

83. The Town and Country Planning Act and the Land De- Repeal of Cap.
velopment and Control Act, are hereby repealed. 432 and Cap. 235.

Fms'r SmEDuLE Section 5.

CONSllTUTION, PROCEDURES AND FINANCES OF
THE DEVELOPMENT CONTROL AUTHORTIY

1. In this Schedule - Interpretation.

"Chairman" includes a person elected to act temporarily
in place of the chairman; and

"Secretary" means the person employed by the Authority
to perform the functions of Secretary to the Authority.

2. (1) The Authority shall consist of eleven members, name-. Constitution of
ly - the Authority.

(a) the Town and Country Planner;

(b) the Director of Public Works;

(c) the Chief Health Inspector;

(d) the Officer in Charge of the Lands Division;

(e) the Chief Surveyor;

@ the General Manager of the Antigua Public Utilities
Authority;

(g) the Director of Agriculture;

(h) the Chief Environment Officer; and

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(i) three persons not holding any public office who
have knowledge and experience of matters relevant
to physical planning or any other matters relevant
to this Act, appointed by the Minister.

(2) The Minister shall appoint one of the members appointed
under subparagraph (1) (i) to be Chairman of the Authority.

(3) A member appointed under paragraph (i) of subsection
(1) shall serve on the Authority for a period not exceeding two
years, but shall be eligible for re-appointment, provided that no
member, save an ex-officio member, shall hold office for a period
of longer than six consecutive years.

(4) The Minister may at any time revoke the appointment of
any member appointed under paragraph (i) of subsection (1).

(5) The names of all members of the Authority as first consti-
tuted and every change of membership thereof shall be pub-
lished in the Gazette.

Procedures of the 3. (1) The Authority shall meet at least once in every month
Authority. and at such other times as may be necessary for the transaction

of business, at such places and times and on such days as the
Authority may determine.

(2) The Chairman shall convene a special meeting of the Au-
thority within seven days of receipt of a requisition for that
purpose addressed to the Chairman in writing and signed by
any two members of the Authority, and on any other occasion
when he or she is directed in writing by the Minister so to do.

(3) The Chairman shall preside at meetings of the Authority
at which he or she is present.

(4) The members of the Authority may elect one of their num-
ber to act as Chairman during the temporary absence of the
Chairman due to illness, inability to attend, absence from Antigua
and Barbuda or any other reasonable cause.

(5) At any meeting of the Authority the Chairman and five
other members shall form a quonun:

Provided that when any ex officio member of The Authority
referred to in item (a), (b), (c), (d), (e), @I or (& of subsection

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(1) is unable to attend a meeting in person, that member may
be represented at the meeting by some other person appointed
by the Minister; and

Provided further that where any member shall be disqualified by
virtue of paragraph 4 from taking part in any deliberation or
decision at a meeting of the Authority, that fact shall be disre-
garded for the purpose of forming a quorum.

(6) The decision of the Authority shall be by vote of the
majority members present and voting and, in addition to an origi-
nal vote, the Chairman shall have a second or casting vote, in
any case in which the original voting is equal.

(7) Minutes in proper form of each meeting shall be kept by
the Secretary and shall be c o n f i e d by the Chairman as soon as
practicable thereafter, at a subsequent meeting.

(8) Subject to the provisions of this Schedule, the Authority
shall have the power to regulate its own proceedings.

4. (1) A member of the Authority who is in any way, whether Conflict of
directly or indirectly, interested in any matter whatsoever with interests.

which the Authority is concerned, shall declare that interest at
the first meeting of the Authority at which that member is present,
after the relevant facts have come to his or her knowledge.

(2) A member shall not take part in any deliberation or deci-
sion of the Authority with respect to any matter with which the
Authority is concerned in which he or she has, whether directly
or indirectly, any interest.

(3) A disclosure made under subparagraph (1) shall be
recorded in the minutes of the Authority.

(4) Where, owing to the number of members who have de-
clared an interest in an item of business at a meeting, the Au-
thority, lacks a quorum, to transact that item of business, that
fact shall be recorded in the minutes and reported to the Minis-
ter.

(5) The Minister acting in his or her discretion may grant a
dispensation subject to such terms and conditions as he or she
shall think fit, to impose, to all or any of the members who have

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declared an interest in an item of business to which subpara-
graph (4) applies so as to allow that item to be disposed of at the
meeting of the Authority next following the meeting referred to
in subparagraph (4).

Validation of acts 5. The validity of anything done under this Act shall not be
done. affected solely by reason of -

(a) the existence of any vacancy in the membership, or
any defect in the constitution of the Authority;

(b) an omission or irregularity in respect of meeting any
proceedings of the Authority under section 4;

(c) the contravention by a member of the provisions of
paragraph 4.

Funds and 6. (1) The funds and resources of the Authority shall consist
Resources of the Of-
Authority.

(a) any sums appropriated by Parliament for the pur-
poses of the Authority;

(b) any money paid to the Authority by way of admin-
istrative fees, service charges, penalties or fines and
all other revenues which may become payable to
the Authority pursuant to the provisions of the Act
or regulations or any other written law,

(c) any sums allocated to the Authority from loan funds;

(d) all other sums payable or property which may in any
manner become payable to or vested in the Author-
ity in respect of any matter incidental to its func-
tions.

(2) Where there is a deficiency in the funds of the Authority
that deficiency shall be met out of moneys provided by Parlia-
ment.

(3) For the purposes of this paragraph, the expression "loan
funds" means any sums made available from time to time to the
Government of Antigua and Barbuda by way of a loan.

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7. (1) The Authority shall prepare annual estimates of its Finance of the
projected revenues and expenditure to be submitted to the Min-
ister who, if he approves the estimates, shall submit them to the
Minister of Finance not later than a date specified by the Minis-
ter of Finance.

(2) The Authority shall maintain a general fund into which
shall be paid all such moneys as may, from time to time, be
placed at the disposal of the Authority for the purposes of this
Act by Parliament, and any other moneys lawfully be paid to the
Authority; and out of this fund shall be paid all the expenses
incurred by the Authority in carrying out its functions under
this Act and all other liabilities properly incurred by the Author-
ity.

(3) For the purpose of regulating and controlling its financial
operations, the Authority may, with the approval of the Minis-
ter, make rules in respect of -

(a) the manner in which and the officers by whom pay-
ments are to be approved;

(b) the bank into which moneys of the Authority are to
be paid and then designation of any account with
the bank,

(c) the sum to be retained by the accounting officer to
meet petty disbursements and immediate payments
and the maximum sum that may be so disbursed for
any one payment;

(d) the method to be adopted in making payments out
of the funds of the Authority;

(e) h e level of authority required to write off bad debts
in excess of specified sums; and

Cf) generally as to matters necessary for the proper keep-
ing and control of the finances of the Authority.

(4) The Authority shall keep proper accounts of its funds
and the accounts shall be audited annually by the Auditor Gen-
eral, or by an auditor appointed in each year by the Minister
with the written consent of the Auditor General.

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(5) The Authority shall not later than six months after the end
of each calendar year submit to the Minister an annual report
containing -

(a) an account of the functioning of the Authority
throughout the preceding calendar year in such de-
tail as the Minister may direct; and

(b) a statement of accounts of the Commission audited
in accordance with subparagraph (4).

(2) A copy of the annual report together with a copy of the
auditor's report shall be printed and laid before Parliament by the
Minister.

Custody and 8. (1) The seal of the Authority shall be kept in the custody of
authentication of the Corporate Secretary and shall be authenticated by the signa-
Seal of the
Authority. tures of the Chairperson or the Town and Country Planner, and

the Secretary, or in such other manner as may be authorized by
resolution of the Authority.

(2) Every document purporting to be an instrument under the
seal of the Authority be received in evidence and deemed with-
out further proof to be so executed, unless the contrary is proven.

SECOND SCHEDULE
Section 10

MATIERS FOR WHICH PROVISION MAY BE MADE IN
DEVELOPMENT PLANS

PART I

ROADS

1. Reservation of land for roads and establishment of public rights of way
including public rights of way to beaches.

2. Closing or diversion of existing roads and public and private rights of way.

3. Construction of new roads and alteration of existing roads.

4. The line, width, level, construction, access to and egress from and the gen-
eral dimensions and character of roads, whether new or existing.

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5. Providing for and generally regulating the construction or execution of works
incidental to the making or qprovement of any road, including the erection of
bridges, culverts, gullies, fencing, bamers, shelters, the provision of artificial light-
ing, and seats and the planting or protecting of grass, trees and shrubs on or
adjoining such road.

PART II

BUILDINGS AND OTHER STRUCTURES

1. Regulating and controlling, either generally or in particular areas all or any of
the following matters:

(a) the size and height of buildings and fences;

(b) building lines, coverage and the space about buildings;

(c) the objects which may be affued to buildings;

(d) the purposes for and the manner in which buildings may be used or
occupied including in the case of dwelling houses, the letting thereof
in separate tenements;

(e) the prohibition of building or other operations on any land, or regulat-
ing such operations.

2. Regulating and controlling the design, colour and materials of buildings and
fences.

3. Allocating any particular land, or all land in any particular area, for buildings
of a specified class or classes or prohibiting or restricting either permanently or
temporarily, the making of any building or any particular class or classes of build-
ings on any specified land.

4. Limiting the number of buildings or the number of buildings of a specified
class which may be constructed, erected or made, on, in or under any area.

PART m
COMMUNITY PLANNING

1. Providing for the control of land by zoning or designating specific uses.

2. Regulating the layout of housing areas including density, spacing, grouping
and orientation of houses in relation to roads, open spaces and other buildings.

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No. 6 of 2003.

3. Determining ,the provision and siting of community facilities including shops,
schools, churches, meeting halls, play centres and recreation grounds in relation
to the number and siting of houses.

PART IV

1. Allocation of lands as open spares whether public or private.

2. Allocation of land for burial grounds and crematoria.

3. Allocation of lands -

(a) communal parks;

(b) for wildlife sanctuaries;

(c) for the protection of marine life;

(d) for national parks and environmental protection areas.

4. Preservation of buildings, caves, sites and objects of artistic, architectural,
archaeological, historical, or cultural interest.

5. Preservation or protection of forests, woods, trees, shrubs, plants and flow-
ers.

6. Protection of the coastal zone, designation of marine parks, special resource
and special use areas.

7. Prohibiting, restricting or controlling, either generally or in particular places,
the exhibition, whether on the ground, or any building or any temporary erection,
whether on land or in water, or in the air, of all or any particular forms of advertise-
ment or other public notices.

8. Preventing, remedying or removing injury to amenities arising from the ruin-
ous or neglected condition of any building or fence, or by the objectionable or
neglected condition of any land attached to a building or fence or abutting on a
road or situate in a residential area.

9. Prohibiting, regulating and controlling the deposit or disposal of waste mate-
rials and refuse, the disposal of sewage and the pollution of ponds, salt ponds,
gullies, beaches, the foreshore or territorial waters.

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PART v

PUBLIC SERVICES

Facilitating the establishment, extension or improvement of works by statutory
or other undertakers in relation to power, lighting, water supply, sewerage, drain-
age, sewage disposal, refuse disposal or other p~bl ic services.

PART VI

TRANSPORT AND COMMUNICATIONS

1. Facilitating the establishment, extension or improvement of systems of trans-
port whether by land, water or air.

2. Allocating sites for use in relation to transport and the reservation of land for
that purpose.

3. Providing for the establishment, extension or improvement of telegraphic,
telephonic, wireless or radar communication, the allocating of sites for use in
relation to such communication, and the reservation of land for that purpose.

PART W

1. Providing for and regulating the making of agreements for the purpose of a
development plan by the Minister with owners and other persons, and by such
persons with one another.

2. Sub-division of land and in particular, but without restricting the generaliry i-.f
the foregoing -

(a) regulating the type of development to be carried out and the size and
form of plots;

(b) requiring the allocation of land for any of the public services referred
to in Part V or for any other purposes referred to in this Schedule for
which land may be allocated;

(c) prescribing the character and type of public services or other works
which shall be undertaken and completed by any applicant for permis-
sion to sub-divide as a condition of the grant of such permission;

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No. 6 of 2003.

(d) co-ordinating the sub-division of contiguous properties in order to
give effect to any scheme of development appertaining to such prop-
erties.

3. Making any provisions necessary for -

(a) adjusting and altering the boundaries and areas of any towns;

(b) effecting such exchanges of land or cancellation of existing sub-divi-
sion plans as may be necessary or convenient for the purposes afore-
said.

THIRD SCHEDULE

Section 23

MATIERS FOR WHICH ENVIRONMENTAL IMPACT ASSESSMENT
SHALL BE REQUIRED

1. An airport, port or harbour, including a yacht marina;

2. A power plant;

3. A crude oil or refinery facility or a petroleum and natural gas storage and
pipeline installation;

4. An incinerator, sanitary landfill operation, solid waste disposal site, sludge
disposal site, toxic waste disposal site or other similar site;

5. A wastewater treatment, desalination or water purification plant;

6. An industrial estate development project;

7. An installation for the manufacture, storage or industrial use of cement,
paints, chemical products or hazardous materials;

8. A drilling, quarrying, sand mining and other mining operation;

9. An operation involving land reclamation, dredging and filling of ponds; and

10. A hotel or resort complex.

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Passed the House of Representatives Passed the Senate this 20th day of
this 13th day of March, 2005. March, 2003.

B. Harris,
Speaker.

M. Percival,
President.

S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Walter A. Massiah, Acting Government Printer

-By Authority, 2003.
8 U . 0 3 [Price $36.201