Town and Country Planning (CAP. 432 1

CHAPTER 432

THE TOWN AND COUNTRY PLANNING ACT

Arrangement of Sections
Section

Preliminary

1. Short title.
2. Interpretation.
3. Planning Authority.

Preparation and Approval of Schemes

4. Regulation as to procedure and in relation to matters
in First Schedule.

5. Preparation or adoption of schemes.
6. Approval of schemes by the Minister.
7. Revocation or modification of scheme at request of

Central Authority.
8. Supplementary schemes for areas comprised in regional

schemes.
9. Local Authority affected by scheme.

10. Establishment and maintenance of register.
11. Obligation to give information to Central Authority.
12. Powers of entry, examination and survey for prepara-

tion of scheme.

PART 111

Intm.m Developwnt of Land

13. Interim development.
14. Appeal to Judge in relation to permission or prohibition.
15. Power to suspend operation of laws.
16. Compensation for compliance with condition.

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2 CAP. 432) Town and Country Planning

Contents and Effects of Schemes

Contents of schemes.
As'signment of duties to Local Authority.
Submission of applications etc. to the Central Authority

after the material date.
Power to enforce and carry into effect schemes.
Power to contribute towards expenses of owners.
General development orders.
Power to permit building operations.
Acquisition of land to which scheme applies.
Compulsory acquisition.
Powers of entry, etc., for carrying out a scheme.
Penalty for contravention of a scheme.

Compensation and Bettemnent

28. Provisions as to compensation for injurious affection,
etc.

29. No compensation in certain classes of cases.
30. Exclusion or, limitation of compensation in certain

other cases.
31. Recovery of betterment from owners of property

increased in value.
32. Making of claims for compensation betterment.
33. Special assessment; recovery of expenses.
34. Determination of claims and recovery of amounts due.
35. Recovery of charge or other sum due to the Central

Authority.

Miscellaneous

36. Proceedings how instituted.
37. Application of moneys paid by way of betterment, etc.
38. Recovery of amounts due to or by Central Authority.
39. Summary procedure.
40. Service of notices, etc. on Central Authority.
41. Power of public departments, etc. to make agreements

in connection with schemes.

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Town and Country Planning (CAP. 432 3

SCHEDULES.
FIRST SCHEDULE.
SECOND SCHEDULE.

TOWN AND COUNTRY PLANNING

(9th April, 1948.) 4/1948.
13/1950.
18/1989.

S.I. 39/1989.

PART I

Preliminary

1. This Act may be cited as the Town and Country Shorftitle-
Planning Act.

2. In this Act- Interpretation.

"Central Authority" means the Central Housing and
Planning Authority established under the provi-
sions of the Slum Clearance and Housing Act; Cap.404.

"building" includes any erection of whatever material
and in whatever manner constructed or any part
of a building and where the context so permits,
includes the land on, in or under which the
building is situate;

"building operations" includes any road works,
preliminary or incidental to the erection of
buildings;

"development" in relation to any land includes any
building or re-building operations and any use of
the land or any buildings thereon for a purpose
which ,is different from the purpose for which the
land or building was last being used;

"existing building" means a building erected or
constructed before the material date;

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4 CAP. 432) Town and Country Planning

"fence" includes any hoarding or paling used as such,
and also banks and walls;

"hedge" -includes any tree or shrub forming a part of a
hedge;

"Jdge" means a Judge of the High Court sitting in
Chambers, and in the case of any matter within
the jurisdiction of a Magistrate's Court, includes a
Magistrate;

"land" includes land covered with water and also includes
incorporeal as well as corporeal hereditaments of
every tenure or description, and any interest
therein, and also an undivided share of land;

"Local Authority" means any Authority which the
Minister shall by order published in the Gazette
declare to be a Local Authority for the purposes of
this Act, and within the area and to the extent
specified in such order;

"material date" means in relation to any provision con-
tained in a scheme, other than a supplementary
scheme or varying scheme, the date on which the
resolution to prepare or adopt a scheme took
effect, or such later date as may be fixed by the
scheme, either generally or for the purposes of
any particular provision thereof; and in relation to
any provision contained in a supplementary
scheme or a varying scheme, means the date on
which such scheme or order came into operation,
or such later date as may be fixed by the scheme or
order, either generally or for the purposes of a
particular provision thereof:

Provided that where any provision of a
scheme or order is revoked by a subsequent
scheme or order which contains the same provi-
sion or a provision substantially to the same effect,
the material date in relation to that later provision
shall be the date which, if the earlier provision had
continued in operation, would have been the
material date in relation thereto;

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Town and Country Planning (CAP. 432 5

"minerals" includes all minerals and substances in or
under land of a kind ordinarily worked for
removal by underground or surface working;

"owner" in relation to any building or land, means a
person, other than a mortgagee not in possession,
who is for the time being entitled to dispose of the
right of ownership of the building or land,
whether in possession or reversion, and includes
also a person holding or entitled to the rents and
profits of the building or land under a lease or
agreement the unexpired term whereof exceeds
three years;

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

"scheme" means a scheme under this Act and includes
a town planning scheme, a regional scheme, a
supplementary scheme and a scheme varying or
revoking an existing scheme;

"site" in relation to a building includes the area of any
offices, out-buildings, yard, court or garden occu-
pied or intended to be occupied therewith.

3. The duty of carrying out the provisions of this Act Planning
Authority.

including the due execution and enforcement of any scheme
in accordance therewith, shall (subject to the limitations and
conditions hereinafter contained) be vested in the Central
Housing and Planning Authority of Antigua and Barbuda (in
this Act referred to as the Central Authority) established
under the Slum Clearance and Housing Act, and the
provisions of sections 4 to 7 inclusive of that Act shall mutatis
mutandis have effect as if they formed part of this Act.

Preparation and Approual of Schemes

4. (1) The Cenval Authority with the approval of :;Oez:;:&
the Minister may make regulations for regulating generally relation to matten
the procedure to be followed in connection with the prepa- "%tSche**e.

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CAP. 432) Town and Country Planning

ration and the adoption of schemes and the several matters
and things mentioned in the First Schedule.

(?) Regulations made under this section shall have no
force or effect until they have been approved by the
Legislature.

Preparation or
adoption of

5. (1) The Central Authority may by resolution
schemes. decide t~

( a ) prepare a scheme with respect to Antigua and
Barbuda as a whole; or

(6 ) prepare a scheme with respect to any land
within the area specified in the resolution; or

(c) adopt, with or without variations, a scheme p r e
posed by all or any of the owners of any such land; or

(d) adopt, with or without variations, a scheme
proposed by a Local Authority or by one or more Local
Authorities acting jointly.

(2) Notice of such resolution shall be published within
the prescribed time in the Gazette and in at least one local
newspaper at least once in each of two successive weeks, and
such resolution shall take effect from the date on which it
was first published in the Gazette.

(3) Where a resolution under this section has taken
effect, the Central Authority may prepare one scheme for
dealing with the area to which the resolution applies or if
they think fit prepare different schemes for dealing with
different parts of the area.

Approval of
schemes by the

6. (1) When the Central Authority have decided to
Minister. prepare or adopt a scheme, the Central Authority shall with

all convenient speed make a draft scheme and submit the
same to the Minister for approval.

(2) The Minister may either-

( a ) approve of such scheme with or without
modification;

(6) require such scheme to be modified; or

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Town and Country Planning (CAP. 432 7

(c) require a new scheme to be made and submit-
ted to him.

(3) When the Minister requires a scheme submitted to
him to be modified the Central Authority shall modify such
scheme accordingly and re-submit such scheme as so
modified to the Minister, and thereupon subsection ( 2 )
shall apply as if such scheme were then being submitted to
the Minister for the first time.

(4) When the Minister requires a new scheme to be
made and submitted to him the Central Authority shall
make with all convenient speed a new scheme accordingly
and submit such scheme to the Minister for approval, and
thereupon subsection (2) shall apply as if such submission
were the first submission of an original scheme.

(5) When the Minister approves a scheme under this
section, the Central Authority shall cause copies of such
scheme to be made available for public inspection at the
prescribed times and places, and shall within the prescribed
time cause to be published in the Gazette and in such other
manner as they may think fit, notice of such approval.

(6) A scheme when approved by the Minister under
this section and published in the Gazette shall have full force
and effect as from the date of such publication.

7. (1) The Central Authority may at any time apply Revocation or
modification of

to the Minister for the revocation or modification of a schemeatrequest
scheme which has been approved under the preceding ;i2,"nT
section on the following grounds, that is to say-

( a ) on account of the amount of the compensa-
tion which has been awarded or is likely to be awarded
in respect of provisions contained in the scheme;

(b) on account of practical difficulties in the
execution or enforcement of such scheme;

(c) on account of events which have occurred
since the making of such scheme.

( 2 ) When an application has been made under
subsection (I), the Minister may either revoke or modify
such scheme or refuse the application.

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8 CAP. 432) Town and Country Planning

(3) Whenever a scheme is revoked or modified, the
provisions of this Part shall apply in respect of such revoking
or modifying scheme in like manner as they apply to the
schemes,mentioned in the said Part.

Supplementary
schemes for areas

8. (1) In any case where a regional scheme is in
comprised in operation, the Central Authority may by resolution decide
regionalschemes. to prepare a scheme with respect to any land to which the

regional scheme applies, or to adopt with or without modifi-
cations, a scheme proposed by all or any of the owners of
any such land.

(2) A scheme prepared or adopted under subsection (1)
(in this Act referred to as a "supplementary scheme") shall
incorporate, with or without modifications, all such provi-
sions of the regional scheme as relate to the area to which
the supplementary scheme applies and are not inconsistent
with the provisions thereof, and may include such additional
provisions as appear to be necessary or desirable.

(3) A resolution to prepare or adopt a supplementary
scheme shall not affect the operation of the regional
scheme, but as from the date on which the supplementary
scheme comes into operation it shall, so far as respects the
area to which it applies, be substituted for the regional
scheme.

~ o c a l ~uthority 9. (1) In any case where a scheme is wholly or in part
affected by
scheme. within the area of a Local Authority, the Central A~~thority

shall before submitting the draft scheme to the Minister for
approval, furnish particulars and a copy of the scheme to
the Local Authority for their consideration and representa-
tions.

(2) If the Local Authority desire to make any objec-
tions or representations ,in respect of the said scheme, they
shall within the prescribed time and manner, submit the
same to the Central Authority.

(3) The Central Authority shall consider any objections
or representations received by them in pursuance of this
section, and shall give full opportunity for such Local
Authority to be heard by the Central Authority, and in

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Town and Country Planning (CAP. 432 9

submitting the scheme to the Minister for approval shall
forward copies of all such objections or representations
which have not been met or withdrawn. Thereupon the
provisions of section 6 shall apply.

10. Every scheme shall provide for the establishment 2&9t+E,",";;nd
and maintenance of a register (in this Act referred to as "the register.
register") of all such things as are required by this Act to be
entered in the register in relation to or for the purposes of
such scheme, and shall also provide for the keeping of such
register open to public inspection free of charge in a conve-
nient place at all reasonable times.

11. (1) The Central Authority may, for any purpose ?&ieti;zo@e
arising in relation to the making, enforcement, or carrying CentralAuthori@.
out of a scheme, by notice in writing, require the owner or
occupier of any land or building in the area to which such
scheme relates or is intended to relate or any person
receiving, whether for himself or for another, rentbut of
any such land or building to state in writing and deliver or
forward by registered post to the Central Authority within a
specified time not less than twenty-eight days after being so
required, particulars of the estate, interest or right by virtue
of which he owns or occupies such land or building or
receives such rent (as the case may be), and the name and
address, and the estate, interest, or right (so far as they are
known to him) of every person who to his knowledge has
any estate or interest in or right over or in respect of such
land or building.

(2) Every person required to make and deliver a state-
ment under this section who shall wilfully make any false
statement, or neglect or refuse to make a statement, shall be
liable, on summary conviction, to a fine not exceeding one
thousand dollars.

12. (1) The Central Authority may at any time cause Powenof en-, examination and
the whole or any part of any land to be entered upon, exam- ,ey for
ined and surveyed and the circumstances and requirements str,:.ti~nof
thereof to be investigated for the purpose of deciding
whether a scheme should not be made in respect of any
such land or any part thereof and of making such scheme if
decided upon.

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10 CAP. 432) Town and Country Planning

(2) Any person authorized in that behalf in writing by
the Central Authority may, for the purpose of any entry,
examination, survey, or investigation which the Central
Authority are authorized by this section to cause to be
made: and on production of such written authority, enter
and there do any thing which such person shall reasonably
consider to be necessary for the said purpose:

Provided that no person shall enter into any building
or into or upon any enclosed yard, court or garden attached
to any dwelling-house, unless with the consent of the
occupier thereof, without previously giving such occupier at
least twenty-four hours' notice of his intention so to do.

(3) Every person who wilfully obstructs or interferes
with any other person in the exercise by such other person
of any power vested in him by virtue of this section shall be
liable, on summary conviction, to a fine not exceeding one
thousand dollars.

PART I11

Intoim Development of Land

Interim 13. (1) When the Central Authority have passed a
development. resolution for the making of a scheme the Central Authority

may, at any time after passing such resolution and before
such scheme comes into operation, do all or any of the
following things, that is to say-

( a ) grant to any person applying therefor
permission in writing to develop land, construct,
demolish, alter, extend, repair, or renew a particular
building in the area to which such scheme is proposed
to relate;

( b ) prohibit the further proceeding with the
development of land or construction, demolition,
alteration, extension, repair, or renewal of any particu-
lar building situate in the said area, stating in writing
their reasons for such prohibition.

(2) The Central Authority may attach to a permission
granted under this section such conditions as they think
proper.

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Town and Country Planning (CAP. 432 11

(3) A prohibition made by the Central Authority may
either prohibit absolutely the further proceeding with the
work to which such prohibition relates or prohibit the
further proceeding with such work otherwise than under
and in accordance with conditions specified in such
prohibition.

(4) When the Central Authority have passed a resolu-
tion for the making of a scheme and have, before such
scheme comes into operation, made a prohibition in rela-
tion to any work or other operation as provided for in this
section the Minister may, if he is of the opinion that the
prejudicial effect of proceeding with or doing the work or
other operation to which such prohibition relates would be
of such a nature as to be incapable of being remedied, or to
involve excessive expenditure of public money, after the
coming into operation of such scheme, declare, at any time
before such scheme comes into operation, that any
contravention of such prohibition before such coming into
operation shall be unlawful.

( 5 ) Every person who proceeds with or does any work
which is a contravention of a prohibition and is by virtue of
a declaration under this section an unlawful contravention
of such prohibition shall be liable, on summary conviction,
to a fine not exceeding three thousand dollars together
with, in the case of a continuing offence, a further fine not
exceeding two hundred and fifty dollars for every day
during which the offence is continued.

14. (1) Any person aggrieved by the grant or the ",~;f;;,J""gein
refusal by the Central Authority of a permission or by the pemissionor
making of a prohibition by the Central Authority under this prohibition.
Part may within twenty-eight days from the date on which he
received notice of the decision of the Central Authority
appeal to a Judge by notice in writing in which he shall set
forth the grounds of his appeal. The Judge shall cause the
appellant and the Central Authority to appear before him,
and it shall be lawful for him to hear and determine the
matters in dispute in a summary manner; and for that
purpose to examine such parties or any of them and their
witnesses.

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12 CAP. 432) Town and Country Planning

(2) The Judge may dismiss or allow the appeal either
unconditionally, or subject to such conditions as he thinks
proper to impose and allow such costs as he may think fit.

(3) 'Where on an appeal under this section against the
making of a prohibition, such prohibition is revoked by the
Judge, or is confirmed by the Judge with new conditions
inserted therein or with amendments of the conditions
contained therein, the Judge may, if he thinks proper, as
part of his determination of the matters the subject of such
appeal, direct the Central Authority to pay to the person by
whom such an appeal was brought such sum as the Judge
shall think proper to specify by way of compensation for loss
suffered by such person by reason of such prohibition
during the period between the making of such prohibition
and the determination of such appeal.

(4) The determination by the Judge of an appeal
under this section shall be final and, in so far as it directs
the Central Authority to do any act or thing, shall be
complied with by the Central Authority

(5) In this section "Judge" does not include a
Magistrate.

Power to suspend
operation of laws.

15. When the Central Authority have passed a reso-
lution for the making of a scheme, before such scheme
comes into operation the Minister with the prior approval
of the Legislature may by order published in the Gazette sus-
pend the operation of any law relating to development,
(including road construction, building operations, or sani-
tation), where it is expedient in order to promote the
development permitted in the area to which the scheme
relates.

Compensationfor 16. (1) Whenever a condition is attached to or
compliance with
condition. inserted in a permission or a prohibition and the value of

any property is reduced by the due and proper perfor-
mance or observance of such condition, the provisions of
this Act in relation to compensation payable by the Central
Authority shall apply. Upon the coming into operation of
the scheme in connection with which such permission or
prohibition was granted or made, the compensation

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Town and Country Planning (CAP. 452 13

payable shall be as if such reduction in value had beer1
occasioned by a restriction on the user of such property
affected by a provision contained in such scheme.

(2) Subsection (1) shall not apply or have effect where
the condition referred to in that subsection is of such
nature that if the scheme referred to in the said subsection
had been in operation when such condition was imposed,
such condition could have been enforced by a provision in
such scheme and no compensation would be payable under
this Act on account of or arising from the coming into
operation of such provision.

Contents and Effects of Schemes

17. (1) Every scheme shall specify and define clearly Contents of
schemes.

the area to which it relates.

(2) Every scheme shall contain such provisions as are
necessary or expedient for prohibiting or regulating the
development of land in the area to which the scheme
applies, and generally for carrying out any of the objects for
which the scheme is made, and in particular for dealing
with any of the matters mentioned in the Second Schedule. second Schedule.

(3) A scheme may provide for the pooling and re-
distribution of lands, or for re-adjustment of the boundaries
and areas of any such lands:

Provided however that such lands are not already built
upon, or if already built upon, the inclusion of such lands is
expedient to the scheme:

Provided further that in the event of any owner not
agreeing to the pooling and re-distribution of his land, or to
the re-adjustment of the boundaries and areas of his land,
the Minister may acquire such land or any part thereof as is
necessary for carrying out such scheme.

(4) Any law relating to development, road construc-
tion, building operations or sanitation inconsistent with the
provisions of a scheme or the application of which would
tend to hinder the carrying out of the scheme shall not
apply to the area to which the scheme relates.

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14 CAP. 432) Town and Country Planning

Assignment of
duties to Local
Authority.

Submission of
applications etc.
to the Central
Authority after the
material date.

Power to enforce
and carry into
effect schemes.

18. The Central Authority may, with the approval of
the Minister, come to an agreement with a Local Authority
so named in a scheme and in consequence thereof assign to
such Local Authority duties and functions in relation to the
enforcement and carrying out of such scheme.

19. (1) From and after the date of the first publica-
tion in the Gazette of a resolution embodying the decision of
the Central Authority to prepare or adopt a scheme the
Local Authority of the area to which the resolution relates,
shall submit all applications and proposals for development
within that area to the Central Authority for their permis-
sion or prohibition as the case may be.

(2) The Local Authority referred to in subsection (1)
shall notify the applicant of the decision of the Central
Authority as soon as practicable after the receipt thereof.

(3) Any development which the Local Authority itself
proposes to carry out within such area shall not be com-
menced until the permission of the Central Authority has
been obtained.

(4) Any application for development received by a
Local Authority under any other Act shall be deemed to be
an application under this section.

20. (1) Subject to the provisions of this section, the
Central Authority may at any time-

(a ) remove, pull down or alter, so as to bring into
conformity with the provisions of the scheme, any build-
ing or other work which does not conform to those
provisions, or the removal, demolition or alteration of
which is necessary for carrying the scheme into effect,
or in the erection or carrying out of which any
provision of the scheme has not been complied with; or

(b ) where any building or land is being used in
such a manner as to contravene any provision of the
scheme, prohibit it from being so used; or

( c ) where any land has since the material date
been put to any use which contravenes any provision of
the scheme, reinstate the land; or

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Town and Country Planning (CAI? 432 15

(d) execute any work which it is the duty of any
person to execute under the scheme in any case where
delay in the execution of the work has occurred and
the efficient operation of the scheme has been or will
be thereby prejudiced.

(2) Before taking any action under this section the
Central Authority shall serve a notice on the owner and on
the occupier of the building or land in respect of which the
action is proposed to be taken and on any other person
who, in their opinion, may be affected thereby, specifying
the nature of the action and the grounds upon which they
propose to take that action.

(3) The date stated in a notice served under this section
as the date on or after which the intended exercise of the
power therein mentioned is intended to be begun shall be
not less than three months when any building is affected and
in any other event not less than one month after the service
of such notice and the Central Authority shall not do any act
or thing in exercise of such power in relation to the building
or land mentioned in the notice before the said date.

(4) If any person served with such a notice as aforesaid
considers the period fixed by such notice to be insufficient
or desires to dispute any allegation or matter contained
therein, he may within twenty-eight days from the date on
which he received such notice appeal to a Judge by notice in
writing in which he shall set forth the grounds of his appeal.
The Judge shall cause the appellant and the Central
Authority to appear before him, and he may hear and deter-
mine the matters in dispute in a summary manner; and for
that purpose to examine such parties or any of them and
their witnesses.

( 5 ) If on any such appeal the Judge is satisfied that the
Central Authority are entitled to take the proposed action
on the grounds specified in the notice, he shall dismiss the
appeal and shall by his order empower the Central
Authority, after the expiration of such period as he may
decide, to remove, pull down, or alter the building or work,
or reinstate the land or execute the required work, or, as the
case may be, shall by his order prohibit the building or land

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16 CAP. 432) Town and Country Planning

from being used in contravention of the scheme after the
period aforesaid, but, if he is not so satisfied, he shall allow
the appeal. The Judge shall allow such costs as he may think
fit. *

(6) Every person who uses any building or land in a
manner prohibited under this section, or obstructs or
interferes with the exercise by the Central Authority of any
power vested in them shall in addition to any civil liability be
guilty of an offence and liable, on summary conviction, to a
fine not exceeding one thousand dollars.

Power to 21. The Minister, on the recommendation of the
contribute
towards expenses Central Authority, may contribute towards the expenses
of owoers. incurred by owners of land in or in connection with a

scheme which is adopted by the Central Authority or in
co-operating with them in the preparation of a scheme.

General
development 22. (1) The Central Authority may by an order (in
orders. this Act referred to as a "general development order")

permit building operations to proceed, subject to such
conditions as may be specified in the order, on any land in
respect of which the provisions of a scheme prohibit or
restrict building operations pending the coming into opera-
tion of a general development order.

A general development order may be made with
respect to the whole, or some part only, of the land which is
subject to the prohibitions or restrictions, and orders may
be made from time to time so long as any part of that land
remains so subject.

(2) A general development order may be revoked or
varied by a subsequent general development order made by
the Central Authority, but so long and in so far as it
continues to be operative shall be deemed to form part of
the scheme to which it relates.

(3) All general development orders made by the
Central Authority shall be submitted to the Minister for
approval and shall on being approved be published in the
Gazette and shall have full force and effect as from the date
of such publication.

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Town and Country Planning (CAP. 432 17

23. (1) Where the provisions of a scheme prohibit E'::;:pmit
or restrict building operations on any land pending the operatiom.
coming into operation of a general development order, a
person who, before such an order comes into operation
with respect to that land, desires to commence thereon any
building operations which would contravene any such tem-
porary prohibition or restriction may, in accordance with
such directions, if any, as may be contained in the scheme,
apply to the Central Authority for their consent to the
carrying out of the operations specified in the application.

(2) The Central Authority shall, in deciding any such
application, have regard to any injury likely to be caused to
the applicant by the refusal of the application, as well as to
any public advantage likely to result from the maintenance
of the prohibition or restriction, pending the coming into
operation of a general development order, and may if they
are satisfied that the proposed operations will not contra-
vene any permanent provisions of the scheme, grant the
application unconditionally, or subject to such conditions as
they think proper to impose:

Provided that they shall not grant an application if they
are sati

sfi

ed that-

( a ) the operations would involve danger or injury
to health by reason of the lack of roads, drainage,
sewers, water supply or any public services and that the
provision of the necessary services would be premature,
or likely to involve excessive expenditure of public
money; or

(6) the operations would be likely to injure the
amenities of the locality.

(3) Any person aggrieved by the refusal of any such
application as aforesaid, or by any conditions imposed by
the Central Authority, may appeal therefrom within the
time and in the manner provided for by section 14.

24. The Minister may purchase by agreement any Acq~~t ionof land to which
land to which a scheme applies, which is required for the ,,heme applies.
purposes of the scheme, and in particular, but without
prejudice to the generality of the foregoing words, he may
purchase any such land-

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Compulsoty
acquisition.

Cap. 233.

Powers of entry,
etc., for camyhg
out a scheme.

CAP. 432) Town and Country Planning

(a ) which is required for carrying out the
improvement or controlling the development of
frontages to, or of lands abutting on or adjacent to, any
road, or any proposed road which is to be constructed
wf oily or partly at the public expense; or

(6) which is required for securing the satisfactory
development of any land in accordance with the
provisions of the scheme in any case where, by reason
of the land being held in plots which are of inconve-
nient size or shape, or of which the arrangement or
alignment is inconvenient, or by reason of the multi-
plicity of interests in the land, or by reason of the fact
that the land is being used in a manner or for purposes
inconsistent with the provisions of the scheme, it does
not appear to be reasonably practicable to secure such
development otherwise than by purchase of the land;
or

(c) which forms the site of a road which has been
stopped up under any provision contained in the
scheme; or

(d) which is required for the purpose of provid-
ing accommodation for a person whose premises have
been purchased for the purposes of the scheme.

25. Where the Minister is unable to purchase by
agreement any land which he is authorized to purchase, he
may acquire such land in accordance with the provisions of
the Land Acquisition Act.

26. (1) Any person authorized in that behalf in
writing by the Central Authority may, on production of such
written authority, enter on any land in the area to which a
scheme relates and there make such inspection, survey,
examination and investigation as may be necessary for the
purposes of the enforcement or carrying out of such
scheme:

Provided that no person shall enter into any building
or into or upon any enclosed yard, court or garden attached
to any dwelling-house, unless with the consent of the
occupier thereof, without previously giving such occupier at
least twenty-four hours' notice of his intention so to do.

LAWS OF ANTIGUA AND BARBUDA

Town and Country Planning (CAP. 432 19

(2) Every person who wilfully obstructs or interferes
with any person in the lawful exercise of any power con-
ferred by this section shall be liable, on summary conviction,
to a fine not exceeding seven hundred and fifty dollars.

27. Any person who wilfully does any act (whether of Penalty for
contravention of a commission or omission) which is a contravention of a pro- ,he,.

vision contained in a scheme shall be liable, on summary
conviction, to a fine not exceeding three thousand dollars
and, in the case of a continuing offence, to a further fine
not exceeding two hundred and fifty dollars for every day
during which the offence continues.

Compensation and Bette-rment

Subject to the provisions of this Act, any person- Provisions as to
compensation for

( a ) whose property is injuriously affected by the zfz:z, ,,
coming into operation of any provision contained in a
scheme, or by the execution of any work under a
scheme, or

( b ) who for the purpose of complying with any
provision contained in a scheme, or in making or
resisting a claim under the provisions of this Act
relating to compensation and betterment, has incurred
expenditure which is rendered abortive by a subse-
quent revocation or variation of the scheme,

shall, if he makes a claim within the time limited for the
purpose by this Act, be entitled to recover as compensation
from the Central Authority the amount by which his
property is decreased in value, or, so far as it was reasonably
incurred, the amount of the abortive expenditure, as the
case may be.

29. (1) No compensation shall be payable in respect Noc~mpemation in certain classes
of any building the erection of which was begun after the ofcases.
material date unless such erection was begun under and in
accordance with a permission from the Central Authority.

(2) No compensation shall be payable in respect of any
of the following provisions in an approved scheme, namely,
any provision which-

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 432) Town and Country Planning

(a) prescribes the location of buildings, the extent
of the yards, gardens and curtilage of buildings; or

( 6 ) imposes any sanitary conditions in connection
with buildings; or

(6 ) limits the number of buildings or the number
of buildings of a specified class which may be constructed,
erected on, or made in or under any area; or

(d) prohibits or regulates the sub-division of land;
or

( e ) regulates or empowers the Central Authority
to regulate the size, height, spacing, construction and
materials of buildings; or

(f) controls, restricts or prohibits the objects
which [nay be affixed to buildings; or

( g ) prohibits or restricts building operations, only
pending the coming into operation of a general
development order; or

(h) prohibits or restricts building operations per-
manently on the ground that by reason of the situation
or nature of the land the erection of buildings thereon
would be likely to involve danger or injury to health, or
excessive expenditure of public money in the provision
of roads, sewers, water supply or other public services; or

(i) prohibits (otherwise than by way of prohibition
of building operations) the use of land for a purpose
likely to involve danger or injury to health, or detriment
to the neighbourhood, or restricts (otherwise than by
way of restriction of building operations) the use of
land so far as may be necessary for preventing such
danger, injury or detriment; or

(j) restricts the purposes for and the manner in
which buildings may be used or occupied; or reserves
or allocates any particular land or all land in any partic-
ular area for buildings of a specified class or classes; or

(k) in the interests of safety, regulates or empow-
ers the Central Authority to regulate the h e i g h M
position of proposed walls, fences or hedges near the
corners or bends of roads; or

LAWS OF ANTIGUA AND BARBUDA

Town and Country Planning (CAP. 432 21

(1) limits the number or prescribes the sites of
new roads entering a road or the site of a proposed
road; or

(m) in the case of land which at no time within
the period of two years immediately preceding the
material date, was, or formed part of the site of a build-
ing, fixes in relation to any road a line beyond which
no building in that road or proposed road may project;
or

(n) in the case of the erection of any building
intended to be used for the purposes of business or
industry, requires the provision of accommodation for
parking, loading, unloading or fuelling vehicles, with a
view to preventing obstruction of traffic on any road;
or

(0) prohibits, restricts or controls, either generally
or in particular places, the exhibition, whether on the
ground, on any building or any temporary erection, or
any vehicle, boat, or other moveable object (whether
on land or on or in water or in the air), of all or any
particular forms of advertisements or other public
notices; or

( p ) prevents, remedies or removes injury to
amenities arising from the ruinous or neglected
condition of any building or by the objectionable or
neglected condition of any land attached to a building
or abutting on a road or situate in a residential area; or

(q) prescribes, in the case of land exceeding one
acre in extent reserved for the purpose of being
developed as a building area, that a proportion of the
land (not exceeding five per centum thereof) be set
aside for open spaces in addition to the area required
for roads.

(3) Nothing contained in the preceding subsection
shall preclude an owner from claiming compensation for
loss or injury arising from-

(a) being prevented by the operation of a scheme
from maintaining a building which was in existence on
the material date, or from continuing to use any such

LAWS OF ANTIGUAAND BARBUDA

22 CAP. 432) Town and Country Planning

building for the purpose for which it was used on the
material date, or from making reasonable alterations in
and (in proper cases) reasonable additions to any such
building; or

(b) where a building which was in existence at any
time within two years immediately before the material
date has been demolished or been destroyed by fire or
otherwise, being prevented by the operation of a scheme
from erecting, within two years after such demolition
or destruction on the site of such demolished or
destroyed building a new building which substantially
replaces such demolished or destroyed building or
from using such new building for the purpose for
which such demolished or destroyed building was last
used; or

(c) being prohibited or restricted from the winning
of minerals by underground or surface working.

Exclusion or
limitation of

30. (1) No compensation shall be payable under
,,peaation ia this Act in respect of any property on the ground that it has
ce*Other been injuriously affected by any provision contained in a
cases.

scheme, if and in so far as the same provision or a provision
substantially to the same effect, was, at the date when the
scheme came into operation, already in force by virtue of
any other Act.

(2) A person shall not be entitled to recover compen-
sation under this Act in respect of any action taken under
section 20, except in a case where a building which the
Central Authority have removed, pulled down or altered,
was an existing building at the material date.

(3) Where any provision contained in a scheme could
immediately before the date on which the scheme came
into operation have been validly included in a scheme by
virtue of any other Act, then-

(a) if no compensation would have been payable
in respect of injury caused by the coming into operation
of that provision in that other scheme, no compensa-
tion shall be payable in respect of that provision of the
scheme under this Act; and

LAWS OF ANTIGUA AND BARBUDA

Town and Country Planning (CAP. 432 23

(b) if compensation would have been payable, the
compensation payable in respect of that provision of
the scheme under this Act shall not be greater than the
compensation which would have been so payable.

(4) Where any provision of a scheme is revoked or
varied by a subsequent scheme, no compensation shall be
payable in respect of any property on the ground that it has
been injuriously affected by any provision contained in the
subsequent scheme if and in so far as that later provision is
the same, or substantially the same, as the earlier provision
so revoked or varied; but if at the date when the revocation
or variation of that earlier provision becomes operative-

( a ) there is still outstanding any claim for com-
pensation duly made thereunder; or

(b) the time originally limited for making such a
claim has not expired,

any such outstanding claim and any such claim made within
the time so limited shall be entertained and determined,
and may be enforced, in the same manner in all respects as
if all the provisions of the earlier scheme had continued in
operation.

31. (1) Where by the coming into operation of any Recovery of
betterment from

provision contained in a scheme, or by the execution of any om,o~
work under a scheme, any property within the area, to properly

mcreased in value. which the scheme applies is increased in value, the Central
Authority, if they make a claim for the purpose within three
years after the date on which the provision came into opera-
tion, or within three years after the completion of the work,
as the case may be, recover from any person whose property
is so increased in value an amount not exceeding one-half
of the amount of that increase.

(2) Any sum recoverable under this section shall be
paid within 30 days after notification of the amount due or
by annual instalments over a period of not less than twenty
years and not more than thirty years as shall be fixed by the
Central Authority together with interest at the rate of three
per centum per annum chargeable on the aggregate
amount of the instalments for the time being outstanding:

LAWS OF ANTIGUA AND BARBUDA

24 CAP. 432) Town and Country Planning

Provided that the person from whom the instalments
are due may at any time pay to the Central Authority the
whole of any outstanding instalments, together with any
interest accruing due thereon to the date of payment.

(3) Where any provision of a scheme is revoked or
varied by a subsequent scheme, no property shall be
deemed to be increased in value by any provision contained
in the subsequent scheme if and in so far as that provision is
the same, or substantially the same, as a provision contained
in the scheme so revoked or varied:

Provided that, if at the date when the revocation or
variation of the said scheme becomes operative there is still
outstanding any claim in respect of an increase in the value
of any property duly made thereunder, or the time originally
limited for making such a claim has not expired, any such
outstanding claim, and any such claim made within the time
so limited, shall be entertained and determined and may be
enforced, in the like manner in all respects as if all the pro-
visions of the earlier scheme had continued in operation.

Making of claims 32. (1) A claim under this Act for compensation or
for compensation
or betterment. in respect of an increase in the value of any property shall

be made by serving upon the Central Authority or person
from whom the amount alleged to be payable is claimed, a
notice in writing stating the grounds of the claim and the
amount claimed.

(2) Subject to the provisions of this Act a claim under
this Act for compensation may be made within twelve
months after the date on which the provision giving rise to
the claim came into operation or within such longer period
as may be specified in the scheme, or in respect of expendi-
ture rendered abortive by the revocation or variation of a
scheme, within twelve months after the date on which the
action was completed, or the order came into operation, or
the revocation or variation of the scheme became operative.

(3) Where it is alleged that land which, at or within
two years before the material date, formed the site of a
building, has been injuriously affected by a provision fixing,
in relation to any road or proposed road, a line beyond
which no building in that road or proposed road may

LAWS OF ANTIGUA AND BARBUDA

Town and Country Planning (CAP. 432 25

project, then, subject to any agreement to the contrary, the
period within which a claim for compensation may be made
in respect of that land shall be a period of twelve months
after the date on which a new building is erected on the site
in conformity with the line so fixed:

Provided that, if in the case of any such land a claimant
alleges in his claim, and proves to the satisfaction of a Judge
that it is not reasonably practicable to erect any new
building on that land in conformity with the line so fixed,
and, where the building is standing at the date on which the
scheme comes into operation, has before commencing to
demolish the building given notice to the Central Authority
in accordance with the provisions of subsection (4), a claim
made by him at any time within a period of twelve months
after the date on which the building is demolished or the
date on which the scheme comes into operation, whichever
last occurs, shall be deemed to be validly made and shall be
entertained by a Judge.

(4) A person who intends to claim compensation in
respect of any such land as is mentioned in the proviso to
subsection (3) shall, if the building is standing at the date on
which the scheme comes into operation, not less than three
months before he commences to demolish the building,
give notice in writing of his intention to the Central
Authority, and the Central Authority may, at any time before
the expiration of two months from the receipt by them of
the notice, require him to sell the site and the buildings
thereon, and thereupon the provisions of this Act with
respect to the compulsory acquisition of land shall apply in
relation to that site and any buildings thereon as they apply
in relation to land required for the purposes of a scheme.

(5) Where it is alleged that property has been
injuriously affected by the execution of any work, the period
within which a claim in respect of that injurious affection
may be made shall be a period of three years after the
completion of the work.

33. (1) A scheme may provide that the cost or a Special
assessment;

portion of the cost of any works to be executed as part of ,eco,e,o~
the scheme shall be a special charge upon the property expeflses.
within the whole area or a particular area to the exclusion

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 432) Town and Country Planning

of the rest of the area to which the scheme applies, and the
Central Authority may fix and apportion the amount of the
special charge thereon and the persons by whom and times
when the same shall be payable.

(2) Whenever a scheme provides for a special assess-
ment under subsection ( I ) , no claim shall be made by the
Central Authority for betterment against the owners of
property situate within the particular area to which the
assessment relates.

Determination of 34. ( 1 ) Any question arising under this Act as to-
claims and
recovery of
amounts due. (a ) the right of a claimant to recover compensation;

or

(6 ) the right of the Central Authority to recover
any amount in respect of an increase in the value of any
property or by way of a special charge on any property;
or

(c) the amount and manner of payment of any
such recoverable compensation or amount as aforesaid,

shall, unless the Central Authority and all persons concerned
otherwise agree, be referred to and determined by a Judge
by notice in writing. The Judge shall cause the respective
parties to appear before him and may hear and determine
the claim in a summary manner, and for that purpose to
examine the parties or any of them and their witnesses. The
determination by a Judge of a claim under this section shall
be final and he shall allow such costs as he may think fit.

(2 ) The Judge charged with the duty of determining
any claim as aforesaid-

(a) shall have regard to any undertaking which
the Central Authority, or the person against whom the
claim is made, may have given; and

(6) if the question arises out of the coming into
operation of a supplementary scheme, shall take into
account any amount which the Central Authority have
paid or are liable to pay, or have recovered or are
entitled to recover, in respect of that property by
reason of the coming into operation of the original

LAWS OF ANTIGUA AND BARBUDA

Town and Country Planning (CAP. 432 27

scheme, or any other scheme; and

( c ) if any contribution has been made by the
Central Authority under the provisions of this Act
relating to interim development shall take into account
that contribution.

( 3 ) Any amount due to the Central Authority from a
person whose property is increased in value may be recovered
as a civil debt.

35. Any charge or sum due and payable under sec- Recoveryof
charge or other

tion 31 or section 33 shall, after the expiration of three ti due to^,
months from the time the same became due and payable, CendAuthorit~.
be recoverable from the owner of the property as a civil
debt.

Miscellaneous

36. Every proceeding instituted against an offender Proceedings how
in respect of any offence against any of the provisions of this mshtuted.

Act shall be taken in the name and at the instance of the
Secretary of the Central Authority.

37. ( 1 ) All monies received by the Central Authority Application of
moneys paid by

by way of betterment, or otherwise, shall be paid into the myof
Treasury for the use of Antigua and Barbuda. betterment, etc.

(2) All expenses incurred by the Central Authority in
the discharge of their functions and all amounts due by
them under this Act shall, unless otherwise provided for, be
defrayed from public funds.

38. Any amount due to or by the Central Authority Recoveryof
amounts due to or

for any work done or expenses incurred under the provi- bycentral
sions of this Act may be recovered as a civil debt. ~uthority.

39. (1) Where any application is made under this S-V
procedure.

Act to a Magistrate, the Magistrate may summon the parties
to appear before him at a time and place to be named in the
summons and upon the appearance of such parties, or in
the absence of any of them, upon proof of the due service
of the summons, the Magistrate may hear and determine

LAWS OF ANTIGUA AND BARBUDA

28 CAP. 432) Town and Country Planning

the question at issue and the amount of any compensation,
and for that purpose examine such parties or any of them
and their witnesses upon oath, and the cost of every such
inquiry shall be at his discretion and he shall settle the
amount thereof.

(2) There shall be a right of appeal to a Judge in
Chambers from any decision of a Magistrate and the decision
of the Judge in Chambers shall be final:

Provided the appeal is entered within twenty-eight days
of the date of such decision.

Service of notices, 40. (1) Any notice, summons, writ or other proceed-
etc. on Central
~ ~ t h o r i t y . ing at law or otherwise required to be served on the Central

Authority for any of the purposes of this Act may be served
upon them by delivering it to their secretary, or by leaving it
at their office with some person employed there, or by
sending it by post in a registered letter addressed to the
Central Authority or their secretary at their office.

(2) Subject to the provisions of subsection (1) any
notice, order, or other document required or authorized to
be served under this Act may be served either-

(a) by delivering it to the person on whom it is to
be served; or

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

(c) by sending it in a prepaid letter addressed to
that person at his usual or last known place of abode;
or

(d) in the case of an incorporated company or
body by delivering it to the secretary or clerk of the
company or body at their registered or principal office
or sending it in a prepaid letter addressed to the secre-
tary or clerk of the company or body at that office; or

( e ) if it is not practicable after reasonable inquiry
to ascertain the name or address of any person on
whom it should be served, by addressing it to him by
the description of "owner" or "lessee" or "occupier" (or
as the case may be) of the premises (naming them) to

LAWS OF ANTIGUA AND BARBUDA

Town and Country Planning (CAP. 432

which it relates, and by delivering it to some person on
the premises or, if there is no person on the premises
to whom it can be delivered, by affixing it, or a copy of
it, to some conspicuous part of the premises.

41. For the purpose of co-operating with the Central Power of public
departments, etc.

Authority in the preparation or the carrying into effect of a
scheme, any public department or Local Authority may, sub- agreemenhin

connection with
ject to the approval of the Minister, enter into agreements ,heme,.
for securing that any land which is under their control, or
which is in their occupation or vested in them for public
purposes or for the public service, shall, so far as may be
provided by any such agreement, be laid out and used in
conformity with the general objects of the scheme, and any
agreement so made may contain such consequential and
incidental provisions, including provisions of a financial
character, as appear to be necessary or desirable having
regard to the contents or proposed contents of the scheme.

SCHEDULES

Matters in Relation to which Regulations shall be made

1. The documents and matters (including maps and plans)
which are to be deposited by the Central Authority; the places in
which and time at or within which such documents are to be
deposited.

2. The inspection, by persons interested, of documents
(including maps and plans) deposited in pursuance of the
regulations.

3. The manner in which, and the times at or within which
objections to or representations in respect of a scheme may be
made to the Central Authority.

4. The notices to be given by the Central Authority and the
time, place, nature, and means by which such notices are to be
given and published.

LAWS OF ANTIGUA AND BARBUDA

CAP. 432) Town and Country Planning

5. Securing co-operation by the Central Authority with
owners of property and other persons likely to be affected by the
scheme.

6. For securing that Local Authorities who are likely to be
affected by a scheme shall, as soon as possible after the passing of
a resolution for the preparation of a scheme, receive notice of the
passing of such resolution and shall be furnished by the Central
Authority with a copy of the scheme before it is submitted to the
Minister.

7. For enabling the Central Authority to obtain (without
charge) information which they require for the purposes of or in
connection with the preparation or making or carrying into effect
of schemes by inspection of or obtaining copies from assessment
rolls, rate books and other similar documents which are not in
their custody.

8. For enabling the Central Authority to deal with lands
and buildings, the ownership of which is doubtful or uncertain.

Matters to be dealt with by Schemes

PART I

Roads

1. Providing for the reservation of land for roads, the
construction of new roads, improvement of existing roads,
establishment of public rights of way.

2. Providing for the closing or diversion of existing roads
and public and private rights of way and traces.

3. Restricting and controlling the construction of new
roads and the alteration of existing roads whether by the Central
Authority or owners.

4. Regulating the line, width, level, construction and gener-
al dimensions and character of roads whether new or existing.

5. Enabling the Central Authority to require an owner of
land as a condition of his developing such land in any manner-

LAWS OF ANTIGUA AND BARBUDA

Town and Country Planning (CAP. 432 3 1

( a ) to reserve land for such roads as they may think
necessary;

(6 ) to construct such roads as they may think necessary,
or improve existing roads; or

(c) to contribute to the cost of the construction of new
roads or the improvement of existing roads by the Central
Authority.

6. Providing for and generally regulating the construction
or execution whether by the Central Authority or by owners of
works incidental to the making or improvement of any road
including the erection of shelters, provision of seats, planting or
protecting of grass, trees, and shrubs on or adjoining such road.

PART I1

Buildings and Other Structures

1. Regulating and controlling either generally or in partic-
ular areas, all or any of the following matters, that is to say-

( a ) the size, height, spacing and building line of
buildings;

(b ) the objects which may be aff~xed to buildings;

(c ) the location of buildings, the extent of yards, gardens
and curtilage of 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 operations on any land,
or regulating such operations.

2. Regulating and controlling or enabling the Central
Authority to regulate and control the construction and materials
of buildings and fences.

3. Reserving or 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 buildings or any particular class or classes of
buildings 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.

LAWS OF ANTIGUA AND BARBUDA

32 CAP. 432) Town and Country Planning

5. Providing for the removal, demolition, or alteration of
buildings or works which are inconsistent with, or obstruct the
operation of a scheme.

6. Providing for sanitary conditions.

Community Planning

1. Regulating and controlling the layout of housing areas,
including the density, spacing, grouping and orientation of houses
in relation to roads, open spaces and other buildings.

2. Regulating and controlling 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

Amenities

1. Providing for the zoning of land in town and country
areas (whether public or private; whether built on or unbuilt on)
reserving it for specific purposes. Such purposes would include
agriculture, forestry, industry, commerce, housing and open
spaces (including recreation, burial grounds and national parks).

2. Providing for the preservation of views and prospects
and of the amenities of places and features of natural beauty or
interest.

3. Providing for the preservation of buildings and objects
of artistic, architectural, archaeological, or historical interest.

4. Providing for the preservation or protection of forest?,
woods, trees, shrubs, plants and flowers.

5. Prohibiting, restricting or controlling, either generally
or in particular places, the exhibition, whether on the ground, on
any building, or any temporary erection, on any vehicle, boat or
other moveable object, whether on land, or on, or in water or in
the air, of all or any particular forms of advertisement or other
public notices.

6. Preventing, remedying or removing injury to amenities
arising from the ruinous or neglected condition of any building
or fence, or by the objectionable or neglected condition of any

LAWS OF ANTIGUA AND BARBUDA

Town and Country Plunning (CAP. 432 33

land attached to a building or fence or abutting on a road or
situate in a residential area.

7. The prohibition, regulation and control of the deposit
or disposal of waste materials and refuse.

PART v
Public Services

Facilitating the construction of works by statutory undertakers
in relation to lighting, water supply, sewerage, drainage, sewerage
disposal and refuse disposal or other public services.

Transport and Communication

1. Facilitating the establishment, extension or improvement
of systems of transport, whether by land, water or air.

2. Allocating sites for use in relation to transport and
providing for the reservation of land for that purpose.

3. Providing for the establishment, extension, and improve-
ment of telegraphic or telephonic communication, allocating sites
for use in relation to such communication, and ~roviding for the -
reservation of land for that purpose.

PART VII

Miscellaneous

1. Declaring the persons by whom and the manner in
which the cost of the execution of works (whether of construction,
demolition, removal or alteration) in pursuance of the scheme
are to be borne.

2. Subject to any regulations made under the provisions of
the Act declaring the notices to be served for the purposes of the
scheme by the Central Authority and the persons on whom, the
manner in which, and the times at or within which such notices
are to be served.

3. Subject to the provisions of the Act and the said regula-
tions declaring the manner in which and the times at or within
which notice for the purposes of the scheme may be served on the
Central Authority by other persons.

LAWS OF ANTIGUA AND BARBUDA

34 CAP. 432) Town and Country Planning

4. Providing for and regulating the making of agreements
for the purpose of a scheme by the Central Authority with owners
and other persons and by such persons with one another.

~ 5 . Dealing with the use or disposal of land acquired under
the provisions of the Act.

6. Prohibiting the sub-division of land until a plan showing
the sub-division and proposed access to the land has been
approved.

7. Making any provisions necessary for-
(a) the pooling of lands of several owners (or any lands,

roads or rights of way adjacent or near thereto);

( b) the re-distribution of such land among such owners;

( 6 ) adjusting and altering the boundaries and areas of
any such lands, roads, rights of way or traces;

(d) effecting such exchanges of land or cancellation of
existing sub-divisions as may be necessary or convenient for
the purposes aforesaid;

( e ) apportionment of survey fees, cost of issuing or
obtaining new titles and any other expenses in connection
with the foregoing among the owners concerned.

8. Providing for and regulating the construction, alteration,
removal and use of railways, pipe lines, telegraph, telephone lines,
and electric current transmission lines, drainage or irrigation
channels, aerial cable ways and ancillary structures.

9. Works ancillary to or consequent on a scheme.

10. Any other matter (not hereinbefore mentioned)
necessary or incidental to a scheme, or its administration.

The mention of particular matters in this Schedule shall not
be held to prejudice or affect the generality of any other matter.