Development and Planning (No.2) Act 1998
DEVELOPMENT AND PLANNING AMENDMENT ACT 1998

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BERMUDA
1998 : 18

DEVELOPMENT AND PLANNING AMENDMENT ACT 1998

[Date of Assent 18 June 1998]

[Operative Date 18 June 1998]

WHEREAS it is expedient to amend the Development and
Planning Act 1974 with respect to designated areas of special
environment value:

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:

Citation
1 This Act, which amends the Development and Planning Act 1974
("the 1974 Act"), may be cited as the Development and Planning
Amendment Act 1998.

Amendment of section 28
2 Section 28(1)(b) of the 1974 Act is amended by deleting the word
"arable" and substituting the word "agricultural".

Amendment of Fourth Schedule
3 The Fourth Schedule to the 1974 Act is amended—

DEVELOPMENT AND PLANNING AMENDMENT ACT 1998

DEVELOPMENT AND PLANNING (NO.2) BILL 1997

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(a) by deleting paragraph 3 under the heading A:
WOODLANDS PROTECTION and substituting the
following paragraph—

"3 The Board may grant planning permission for
any act forbidden in paragraph 1—

(a) to the extent allowed by the develop-
ment plan in the circumstances
specified in that plan; and

(b) if of the opinion that the doing of the act
will not cause material damage to the
woodland.";

(b) in the heading B: ARABLE LAND PROTECTION by
deleting the word "ARABLE" and substituting the word
"AGRICULTURAL";

(c) by deleting paragraph 2 under that heading and
substituting the following paragraph—

"2 The Board may grant planning permission for
the doing of any act forbidden by paragraph 1 to the
extent allowed by the development plan in the
circumstances specified in that plan.";

(d) by deleting paragraph 2 under the heading C:
BEACH PROTECTION and substituting the following
paragraph—

"2 The Board may grant planning permission for
the doing of any act forbidden by paragraph 1—

(a) to the extent allowed in the development
plan in the circumstances specified in
that plan; and

(b) if of the opinion that the doing of the act
will not cause material damage to the
beach environment.";

(e) by deleting paragraph 2 under the heading D:
CAVE PROTECTION and substituting the following
paragraph—

"2 The Board may grant planning permission for
the doing of any act forbidden by paragraph 1—

DEVELOPMENT AND PLANNING AMENDMENT ACT 1998

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(a) to the extent allowed in the development
plan in the circumstances specified in
that plan; and

(b) if of the opinion—

(i) that the doing of the act is
necessary for the preservation of
the cave or the maintenance of
its flora and fauna; or

(ii) that the cave is of no scientific
value.";

(f) by deleting paragraph 2 under the heading E:
HABITAT PROTECTION and substituting the following
paragraph—

"2 The Board may grant planning permission for
the doing of any act forbidden by paragraph 1—

(a) to the extent allowed by the develop-
ment plan in the circumstances
specified in that plan; and

(b) if of the opinion that the doing of the act
is necessary to the proper management
or maintenance of the habitat.";

(g) by deleting paragraph 2 under the heading F: OTHER
NATURAL FEATURES PROTECTION and substituting
the following paragraph—

"(2) The Board may grant planning permission for
the doing of any act forbidden by paragraph 1—

(a) to the extent allowed by the develop-
ment plan in the circumstances
specified in that plan; and

(b) if of the opinion that the doing of the
act is necessary to the survival and
continuation of that natural feature.".