Development And Planning (Base Lands) Act 1996

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1996/Acts/Development%20And%20Planning%20%28Base%20Lands%29%20Act%201996.pdf

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Development And Planning (Base Lands) Act 1996
The Laws of Bermuda
Annual Volume of Public Acts 1996 : 11

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BERMUDA
1996 : 11

DEVELOPMENT AND PLANNING (BASE LANDS) ACT 1996

[Date of Assent 20 June 1996]

[Operative Date 20 June 1996]

ARRANGEMENT OF SECTIONS
1 Short title and construction
2 Interpretation
3 Amendment of section 2 of Act

No 51 of 1974
4 Development of the Base

Lands

5 Amendment of the Base Lands
Plan

SCHEDULE

WHEREAS—

(a) responsibility for certain lands referred to in subsection
(1) of section 2 of the Development and Planning Act
1974 has reverted to Bermuda; and

(b) it is necessary to make new provision in that Act for the
development and use of those lands in consequence of
that reversion; and

(c) it is expedient to amend the law for connected or
incidental purposes:

DEVELOPMENT AND PLANNING (BASE LANDS) ACT 1996

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Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title and construction
1 (1) This Act may be cited as the Development and Planning
(Base Lands) Act 1996.

(2) This Act shall be construed as one with the Act.

Interpretation
2 In this Act—

"the Act" means the Development and Planning Act 1974;

"the Base Lands" means the lands within those areas of
Bermuda which are identified on the Base Lands Plan as the
St. David's Special Development Zone, the George's Bay
Special Development Zone, the Tudor Hill Special
Development Zone and the Daniel's Head Special
Development Zone;

"the Base Lands Plan" means the Development Plan, entitled "A
Development Plan for the Former Military Bases" and signed
by the Minister, which is on deposit, and available during
normal office hours for public inspection, at the Office of the
Minister.

Amendment of section 2 of Act No 51 of 1974
3 Subsection (1) of section 2 of the Act is repealed and the
following is substituted—

" (1) This Act shall not apply to land comprised within
any leased area (within the meaning of "leased area" under the
United States Bases (Agreement) Act 1952).".

Development of the Base Lands
4 (1) Notwithstanding any provision to the contrary made in or
under the Act but subject to section 5 of this Act, it is lawful for the Base
Lands to be developed and used in accordance with the Base Lands Plan;
and that Plan has effect by virtue of this subsection as a development
plan under the Act in relation to those Lands.

(2) Without prejudice to the generality of subsection (1) above,
it is declared for the avoidance of doubt that, as respects those Lands—

The Laws of Bermuda
Annual Volume of Public Acts 1996 : 11

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(a) subject to subsection (3), the said subsection (1)
overrides any provision of Part III of the Act, to the
extent that the said subsection (1) is inconsistent with
that provision, as respects the manner in which a
development plan is to be prepared or approved or
otherwise dealt with under the Act;

(b) the said subsection (1), or anything done under the
authority of that subsection, overrides any provision of a
development plan, being a development plan in being
immediately before the commencement of this Act, to the
extent that that subsection, or the thing done under its
authority, is inconsistent with that provision; and

(c) nothing in this Act repeals or modifies or otherwise
affects any provision of Part IV of the Act (Control of
Development of Land) or any other provision of the Act,
or made under the Act, which stipulates that planning
permission is required for development of any land or
which otherwise regulates such permission.

(3) Subsection (1) of section 9 of the Act applies in relation to
the Base Lands so that the review of the development plan entitled "The
Bermuda Plan 1992" which is due to be made under that subsection
next after the commencement of this Act shall include proposals for the
development and use of the Base Lands as part of that review.

Amendment of the Base Lands Plan
5 (1) Notwithstanding anything to the contrary in the Act, the
special provisions in the Schedule have effect for the purpose of enabling
the Base Lands Plan to be amended.

(2) Subsection (1) above ceases to have effect as soon as the
Minister submits to the Legislature the report under subsection (1) of
section 9 of the Act on the review referred to in subsection (3) of section 4
of this Act.

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SCHEDULE (Section 5)

Special Procedure for Amending the Base Lands Plan

1. Where the Minister proposes an amendment of the Base Lands
Plan, he shall cause the proposed amendment to be published,
together with the place or places where copies of the proposed
amendment may be inspected by members of the public.

2. The Minister shall not approve a proposed amendment before
the expiry of the period of 14 days next following the day on
which the proposed amendment was last published under
paragraph 1.

3. A person may object to a proposed amendment by delivering a
letter to the Minister at his office before the expiry of the period
of 14 days referred to in paragraph 2. The letter must set out all
the particulars and details of the objection, and state full
reasons why the Minister should not approve the proposed
amendment.

4. If the Minister does not receive an objection that complies with
paragraph 3, he may approve the proposed amendment. The
amendment then becomes effective as an amendment on the day
on which the Minister's approval is published.

5. If the Minister receives an objection that complies with
paragraph 3, he shall not approve the proposed amendment.
Instead, he shall submit the proposed amendment to the two
Houses of the Legislature for approval by each House, setting
forth full details of the proposed amendment accompanied by the
Minister's report on any objections received.

6. Where a proposed amendment which requires the approval of
each House of the Legislature under paragraph 5 has received
that approval, the amendment becomes effective as an
amendment on the day on which the fact that both Houses have
approved the amendment is published.

7. It is for the Director of Planning to publish anything that this
Schedule requires to be, or contemplates shall be, published;
and for that purpose "to publish" a thing means to publish
notice of it in the Gazette and in a newspaper circulating daily in
Bermuda.

The Laws of Bermuda
Annual Volume of Public Acts 1996 : 11

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