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Town And Country Planning - Control Of Development Of Land And Permission For Development (Ss 9-30)

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9.       Provisions as to development

 

            (1) Subject to the provisions of this section and to the following provisions of this Act, permission shall be required under this Part for any development of land that is carried out after the appointed day.

            (2) In this Act, except where the context otherwise requires, the expression "development" means the carrying out of building, engineering, mining or other operations in, on, over or under any land or the making of any material change in the use of any buildings or other land:

            Provided that the following operations or uses of land shall not be deemed for the purposes of this Act to involve development of land-

      (i)     the carrying out of works for the maintenance, improvement or other alteration of any building, if the works affect only the interior of the building or do not affect the external appearance of the building;

      (ii)     the carrying out of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for the purpose;

     (iii)     the use of any buildings or other land within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such;

    (iv)     in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Minister under this section, the use thereof for any other purposes of the same class.

            (3) For the purposes of this section-

     (a)     the use of a building resulting in an increase or in a reduction of the number of dwelling units in which the building was previously used involves a material change in the use of the building and of each part thereof which is so used;

     (b)     the deposit of refuse or waste materials on land involves a material change in the use thereof;

     (c)     without prejudice to the provisions of any regulations made under this Act relating to the control of advertisements, the use for the display of advertisement of any external part of a building which is not normally used for that purpose involves a material change in the use of that part of the building.

 

10.     Development order

 

            (1) The Minister may, by order published in the Gazette, provide for the grant of permission for the development of land under this Part, and such permission may be granted-

     (a)     in the case of any development specified in any such order, or in the case of development of any class so specified, by that order itself;

     (b)     in any other case, by the Board on an application in that behalf made to it in accordance with the provisions of the order.

            (2) The permission granted by any development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in such order.

 

11.     Planning permission for development

 

            (1) Subject to this section and to sections 12, 13 and 14, where an application is made to the Board for permission to develop land, the Board, in dealing with the application, shall have regard to the provisions of the development plan, so far as is material to the application, and to any other material consideration, and-

     (a)     may grant permission, either unconditionally or subject to such conditions as it thinks fit; or

     (b)     may refuse permission.

            (2) Without restricting the generality of subsection (1), conditions may be imposed on the grant of permission to develop land thereunder-

     (a)     for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the Board to be expedient for the purposes of or in connection with the development authorized by the permission;

     (b)     for requiring the removal of any buildings or works authorized by the permission, or the discontinuance of any use of land so authorized, at the expiration of a specified period, and the carrying out of works required for the reinstatement of land at the expiration of that period,

and any permission granted subject to any such condition as is mentioned in paragraph (b) is in this Act referred to as permission granted for a limited period only.

            (3) All decisions of the Board shall be communicated to the Minister forthwith.

 

12.     Decision of Town and Country Planning Board

 

            (1) If the decision of the Board on any application made to it under section 11 is a decision which grants permission for the development of land (whether unconditionally or subject to conditions) the operation of the decision shall be suspended for a period of 14 days from the date of the meeting of the board at which the decision was made and during the said period of 14 days the decisions shall be subject to disallowance by order in writing of the Minister.

            (2) If the Minister disallows a decision of the Board he shall state his reasons for so doing in the order disallowing the decision, and any such order shall be recorded in the register required to be kept by the Board under section 13(2).

            (3) The decision of the Minister under this section shall be final and shall not be challenged in any court.

            (4) Subject to the provisions of this section, a decision of the Board which grants permission for the development of land (whether unconditionally or subject to conditions) shall come into operation on the expiration of a period of 14 days from the date of the meeting of the Board at which the decision was made.

 

13.     Method of applying for planning permission

 

            (1) Provision may be made by a development order for regulating the manner in which applications for permission to develop land are to be made to, and be dealt with, by the Board and in particular-

     (a)     for enabling the Minister to give directions restricting the grant of permission by the Board, during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;

     (b)     for requiring the Board before granting or refusing permission for any development to consult with such authorities or persons as may be prescribed by the order or by directions given by the Minister thereunder;

     (c)     for requiring the Board to give to any applicant for permission, within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with; and

     (d)     for requiring the Board to furnish to the Minister, and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to applications for permission made to them, including information as to the manner in which any such application has been dealt with.

            (2) The Board shall keep, in such manner as may be prescribed by the development order, a register containing such information as may be so prescribed with respect to applications for permission made to the Board including information as to the manner in which such applications have been dealt with; and every such register shall be available for inspection by the public at all reasonable hours.

 

14.     Referral of applications to Minister

 

            (1) The Minister may give directions to the Board requiring that any application made to the Board for permission to develop land, or all such applications of any class specified in the directions, shall be referred to the Minister instead of being dealt with by the Board, and any such application shall be referred accordingly.

            (2) Where an application for permission to develop land is referred to the Minister under this section, the provisions of section 11(1) and (2) shall apply, subject to any necessary modifications, in relation to the determination of the application by the Minister as they apply in relation to the determination of such an application by the Board.

            (3) The decision of the Minister on any application referred to him under this section shall be final and shall not be challenged in any court; any such decision shall be communicated to the Board and shall be recorded in the register required to be kept by the Board under section 13(2).

 

15.     Appeals

 

            (1) Where application is made to the Board for permission to develop land, or for any approval of the Board required under a development order, and that permission or approval is refused by the Board, or is granted by it subject to conditions, then if the applicant is aggrieved by the Board's decision he may, by notice served within the period referred to in subsection (2), and in the manner prescribed by the development order, appeal to the Minister.

            (2) The period mentioned in subsection (1) shall be one month from the date of the notification of the decision to the applicant by the Board.

            (3) Where an appeal is brought under this section from a decision of the Board, the Minister may allow or dismiss the appeal or may reverse or vary any part of the decision of the Board whether or not the appeal relates to that part, and deal with the application as if it had been made to the Minister in the first instance; and the provisions of section 11 shall apply, subject to any necessary modifications, in relation to the determination of an application by the Minister on appeal under this section as they apply in relation to the determination by the Board of an application made to the Board under section 11.

            (4) Unless within such period as may be prescribed by the development order (or within such extended period as may at any time be agreed upon in writing between the applicant and the Board) the Board either-

     (a)     gives notice to the applicant of its decision; or

     (b)     gives notice to him that the application has been referred to the Minister in accordance with directions given by him under section 14,

the provisions of subsection (1) shall apply in relation to the application as if the permission or approval to which it relates had been refused by the Board and as if notification of its decision had been received by the applicant at the expiration of the period prescribed by the development order or such extended period as aforesaid, as the case may be.

            (5) The decision of the Minister under this section shall be final and shall not be challenged in any court.

 

16.     Supplementary provisions as to grant of planning permission

 

            (1) The power to grant permission to develop land under this Part shall include power to grant permission for the retention on land of any buildings or works constructed or carried out thereon before the date of the application, or for the continuance of any use of land instituted before that date (whether without permission granted under this Part or in accordance with permission so granted for a limited period only); and references in this Part to permission to develop land or to carry out any development of land, and to applications for such permission, shall be construed accordingly.

            (2) Any such permission as is mentioned in subsection (1) may be granted so as to take effect from the date on which the buildings or works were constructed or carried out or the use was instituted, or from the expiration of the said period, as the case may be.

            (3) Where permission is granted under this Part for the erection of a building, the grant of permission may specify the purposes for which the building may be used; and if no purpose is so specified the permission shall be construed as including permission to use the building for the purpose for which it is designed.

            (4) Where permission to develop land is granted under this Part, then, except as may be otherwise provided by the permission, the grant of permission shall enure for the benefit of the land and of all persons for the time being interested therein, but without prejudice to the provisions of this Part with respect to the revocation and modification of permission granted thereunder.

            (5) Where permission to develop land is granted under this Part for a limited period only, nothing in this Part shall be construed as requiring permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose for which it was normally used before the permission was granted.

            (6) In determining for the purposes of subsection (5) the purposes for which land was normally used before the grant of permission, no account shall be taken of any use of the land begun in contravention of the provisions of this Part.

 

17.     Revocation and modification of planning permission

 

            (1) Subject to the provisions of this section, if it appears to the Minister that it is expedient, having regard to the development plan and to any other material considerations, that any permission to develop land granted on an application made in that behalf under this Part should be revoked or modified, he may by order revoke or modify the permission to such extent as appears to him to be expedient as aforesaid.

            (2) The power conferred by this section to revoke or modify permission to develop land may be exercised-

     (a)     where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed;

     (b)     where the permission relates to a change of the use of any land, at any time before the change has taken place:

            Provided that the revocation or modification of permission for the carrying out of building or other operations shall not affect so much of those operations as has been previously carried out.

            (3) Where permission to develop land is revoked or modified by an order made under this section, then if, on a claim made to the Minister within 12 months of the making of the order, it is shown that any person interested in the land has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification or has otherwise sustained loss or damage that is directly attributable to the revocation or modification, the Minister shall, subject to subsection (4), pay to that person compensation in respect of that expenditure, loss or damage.

            (4) No compensation shall be payable under subsection (3) in respect of loss or damage consisting of the depreciation in value of any interest in the land by virtue of the revocation or modification.

            (5) For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work or upon other similar matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out that work but, except as aforesaid, no compensation shall be paid under this section in respect of any work carried out before the grant of the permission that is revoked or modified, or in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission.

            (6) Where permission for the development of land granted by a development order has been withdrawn, whether by the revocation or amendment of the order or by the issue of directions under powers in that behalf conferred by the order, then, if on an application made in that behalf under this Part permission for that development is refused or is granted subject to conditions other than those previously imposed by the development order, the foregoing provisions of this section shall apply as if the permission granted by the development order had been granted by the Board under this Part and had been revoked or modified by an order under this section.

            (7) Where, by virtue of the provisions of this section, compensation is payable in respect of expenditure incurred in carrying out any work on land, then if a competent authority acquires any interest in that land any compensation payable in respect of the acquisition of that interest shall be reduced by an amount equal to the value of the works in respect of which compensation is payable under this section.

            (8) If the Minister revokes or modifies any permission to develop land he shall state his reasons for so doing in the order revoking or modifying that permission; and every such order shall be communicated to the Board and shall be recorded in the register required to be kept under section 13(2).

 

18.     Enforcement procedure

 

            (1) If it appears to the Minister that any development of land has been carried out after the appointed day without the grant of permission required in that behalf under this Part, or that any conditions subject to which such permission was granted in respect of any development have not been compiled with, then the Minister may, within four years of such development being carried out, or, in case of non-compliance with a condition, within three years after the date of the alleged failure to comply with it, if he considers it expedient to do so having regard to the provisions of the development plan and to any material considerations, serve on the owner and occupier of the land a notice under this section.

            (2) Any notice served under this section (hereinafter referred to as "an enforcement notice") shall specify the development which is alleged to have been carried out without the grant of such permission as aforesaid or, as the case may be, the matters in respect of which it is alleged that any such conditions as aforesaid have not been complied with.

            (3) An enforcement notice may require that no further development, or no such further development as may be specified in the notice, shall be carried out and may require that such steps as may be specified be taken for restoring the land to its condition before the development took place, or for securing compliance with the conditions, as the case may be; and in particular any such notice may, for the purpose aforesaid, require the demolition or alteration of any buildings or works, the discontinuance of any use of land, or the carrying out on land of any building or other operations.

            (4) Except as otherwise provided in this section, an enforcement notice shall-

     (a)     in respect of any requirement prohibiting further development, take effect immediately upon service of the notice; and

     (b)     in respect of any other requirement, take effect at the expiration of such period (not being less than 21 days after the service thereof) as may be specified therein.

            (5) When, within the period mentioned in subsection (4), an application is made to the Board under this Part for permission-

     (a)     for the retention on the land of any buildings or works to which the enforcement notice relates; or

     (b)     for the continuance of any use of the land to which the enforcement notice relates,

the operation of the enforcement notice, in respect of any requirement other than a requirement prohibiting further development, shall be suspended pending the final determination of the application and if the permission applied for is granted on that application and comes into operation the enforcement notice shall cease to have any effect.

            (6) When, within the period mentioned in subsection (7), an appeal is made to the court under this section by a person on whom the enforcement notice was served, the operation of the enforcement notice, in respect of any requirement other than a requirement prohibiting further development, shall be suspended pending the final determination or withdrawal of the appeal.

            (7) If any person on whom an enforcement notice is served under this section is aggrieved by the enforcement notice, he may, by application filed at any time within 21 days of the service of the notice, appeal against the enforcement notice to a court presided over by a Magistrate Grade I or over, and on any such appeal the court-

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

     (b)     in any other case, shall dismiss the appeal.

            (8) Where the appeal is dismissed the court may, if it thinks fit, direct that, in respect of any requirement other than a requirement prohibiting further development, the enforcement notice shall not come into force until such date (not being later than 21 days from the determination of the appeal) as the court thinks fit.

 

19.     Supplementary provisions as to enforcement

 

            (1) If within the period specified in an enforcement notice, or within such extended period as the Minister may allow, any steps required by the enforcement notice to be taken (other than the discontinuance of any use of land) have not been taken, the Minister may request a court presided over by a Magistrate Grade I or over, by means of an application, for authority to enter on the land and take those steps, and upon such authority being given he, or any other person authorized by him in that behalf, may enter on the land and take those steps, and may recover as a civil debt in any court of competent jurisdiction from the person who is then the owner of the land any expenses reasonably incurred by the Minister in that behalf; and if that person, having been entitled to appeal to the court under section 18, failed to make such an appeal, he shall not be entitled in proceedings under this subsection to dispute the validity of the action taken by the Minister upon any ground which could have been raised by such an appeal.

            (2) Any expenses incurred by the owner or occupier of any land for the purpose of complying with an enforcement notice served under section 18 in respect of any development, and any sums paid by the owner of any land under subsection (1) in respect of the expenses of the Minister in taking steps required to be taken by such an enforcement notice, shall be deemed to be incurred or paid for the use and at the request of the person by whom the development was carried out.

            (3) Nothing in this Part shall be construed as requiring permission to be obtained thereunder for the use of any land for the purpose for which it could lawfully have been used under this Part if the development in respect of which an enforcement notice is served under section 18 had been carried out.

 

20.     Penalties, etc., in connection with enforcement notices

 

            (1) Where an enforcement notice has been served under section 18 on the person who was, when the notice was served on him, the owner of the land to which the enforcement notice relates and any requirement of that notice prohibiting further development has not been complied with, or within the period specified in the enforcement notice, or within such extended period as the Minister may allow, any steps required by the enforcement notice to be taken (other than the discontinuance of any use of land) have not been taken, that person shall be guilty of an offence and liable to a fine not exceeding P5000, and, in the case of a continuing offence, to a further fine not exceeding P500 for every day after the first day during which any of the requirements of the enforcement notice (other than the discontinuance of any use of land) remain unfulfilled.

            (2) Where, by virtue of an enforcement notice, any use of land is required to be discontinued, or any conditions are required to be complied with in respect of any use of land or in respect of the carrying out of any operations thereon, then if any person, without the grant of permission in that behalf under this Part, uses the land or causes or permits the land to be used, or carries out or causes or permits to be carried out those operations, in contravention of the enforcement notice, he shall be guilty of an offence and liable to a fine not exceeding P5000, and, in the case of a continuing offence, to a further fine not exceeding P500 for every day after the first day during which the use is so continued.

 

21.     Continued operations of enforcement notice

 

            (1) Notwithstanding compliance with an enforcement notice, whether as regards-

     (a)     the demolition or alteration of any buildings or works;

     (b)     the discontinuance of any use of land; or

     (c)     any other requirement of the enforcement notice,

the enforcement notice shall remain in operation.

            (2) Without restricting the generality of subsection (1), where any development is carried out on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with an enforcement notice, the enforcement notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were demolished or altered, and section 19(1) and (2) shall apply accordingly.

            (3) Without affecting the operations of sections 19 and 20, a person who carries out any development on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the enforcement notice shall be guilty of an offence and liable to a fine not exceeding P5000.

[Ch3209s22]22.     Transfer of planning functions

            (1) The functions of the Board under this Part to grant or refuse permission for development may, by order published in the Gazette, be transferred by the Minister to such authority (in this section referred to as "the responsible authority") as he thinks fit subject to such conditions, limitations and reservations as the Minister thinks appropriate in any particular case.

            (2) Where functions are transferred under the provisions of subsection (1) the provisions of this Part shall apply to any decision or action by the responsible authority taken in the discharge of those functions as if that decision or action had been a decision or action by the Board.

 

23.     Trees and woodlands

 

            (1) If it appears to the Minister that it is expedient in the interests of amenity to make provision for the preservation of any tree, trees or woodland in any area, he may for that purpose make an order (in this Act referred to as a "tree preservation order") with respect to any such tree, trees, groups of trees or woodland as may be specified in the order, and, in particular, provision may be made by any such order-

     (a)     for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping, lopping or wilful destruction of trees except with the consent of the Minister which may be given subject to conditions;

     (b)     for securing the replanting, in such manner as may be prescribed by or under the order, of any part of a woodland area which is felled in the course of forestry operations permitted by or under the order;

     (c)     for applying, in relation to any consent under the order, and to applications therefor, any of the provisions of this Part relating to permission to develop land and to applications for any such permission, subject to such adaptations and modifications as may be specified in the order;

     (d)     for the payment by the Minister, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of damage or expenditure caused or incurred in consequence of the refusal of any consent required under the order, or of the grant of any such consent subject to conditions.

            (2) Provision may be made by regulations under this Act with respect to the form of tree preservation orders, and the procedure to be followed in connection with the making and approval of such orders, and such regulations shall, in particular, make provision for securing-

     (a)     that notice shall be given to the owners and occupiers of land affected by any order;

     (b)     that objections and representations with respect to the proposed order duly made in accordance with the regulations shall be considered before the order is made by the Minister; and

     (c)     that copies of the order when it comes into operation shall be served on the owners and occupiers of the land to which it relates.

            (3) Notwithstanding the provisions of subsection (2), where it appears to the Minister that any tree preservation order should take effect immediately, he may make the order provisionally without complying with the requirements of any regulation with respect to the consideration of objections and representations, but any order so made shall cease to have effect at the end of two months from the date on which it is so made unless within that period it has again been made, with or without modification, after compliance with those requirements.

            (4) Without limiting the other exemptions for which provision may be made by a tree preservation order, no such order shall apply to the cutting down, topping or lopping of trees which are dying or dead or have become dangerous or the cutting down, topping or lopping of any trees in compliance with any obligation imposed by or under any law or so far as may be necessary for the prevention or abatement of a nuisance.

            (5) If any person contravenes any of the provisions of a tree preservation order he shall be guilty of an offence and liable to a fine not exceeding P1000, and, in the case of a continuing offence, to a further fine not exceeding P100 for every day after the first day during which the contravention is so continued.

 

24.     Advertisements

 

            (1) Subject to the provisions of this section, provision may be made by regulations under this Act for restricting or regulating the display of advertisements so far as appears to the Minister to be expedient in the interests of amenity or public safety, and, without restricting the generality of the foregoing, any such regulations may provide for-

     (a)     regulating the dimensions, appearance and position of advertisements which may be displayed, the sites on which such advertisements may be displayed, and the manner in which they are to be affixed to land;

     (b)     requiring the consent of the Minister to be obtained for the display of advertisements, or of advertisements of any prescribed class;

     (c)     applying, in relation to any such consent and to applications therefor, any of the provisions of this Part relating to permission to develop land and to applications for such permission subject to such adaptations and modifications as may be specified in the regulations;

     (d)     enabling the Minister to require the removal of any advertisement which is being displayed in contravention of the regulations, or the discontinuance of the use for the display of advertisements of any site which 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 enforcement notices, subject to such adaptations and modifications as may be prescribed;

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

            (2) Subject to section 25(2), regulations made under this section may be made so as to apply to advertisements which 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 which 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 aforesaid; and

     (b)     the continued use for the display of advertisements of any such site as aforesaid,

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 provisions of the regulations.

            (4) Regulations made under this section may direct that any law or other instrument having the force of law affecting the display of advertisements in force on the day when the said regulations made under this section come into operation shall not apply to the display of advertisements in any area to which the said regulations made under this section apply.

 

25.     Supplementary provisions as to advertisements

 

            (1) Where the display of advertisements in accordance with regulations made under section 24 involves the development of land within the meaning of this Act, permission 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 foregoing provisions of this Part.

            (2) Where for the purpose of complying with any such regulations as aforesaid works are carried out by any person for the removal of advertisements being displayed on the date on which the regulations come into force or for the discontinuance of the use for the display of advertisements on any site used for that purpose on that date, that person shall be entitled, on a claim made to the Minister within the time and in the prescribed manner, to recover from the Minister compensation in respect of any expenses reasonably incurred by him in that behalf and in respect of the expenses reasonably incurred by him for providing and installing the advertisement so removed, reduced by an amount corresponding to the depreciation of that advertisement.

            (3) Without prejudice to any provisions included in regulations made under section 24(1)(d), if any person displays an advertisement in contravention of the provisions of the regulations, he shall be guilty of an offence and liable to a fine of such amount as may be prescribed by the regulations not exceeding P200, and, in the case of a continuing offence, to a further fine as may be prescribed by the regulations not exceeding P100 for every day after the first day during which the display is so continued.

            (4) For the purposes of subsection (3) 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 is the owner or occupier; or

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

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

 

26.     Injury to amenity

 

            (1) If it appears to the Minister that the amenity of any area is seriously injured by the condition of any garden, vacant site or other open land in the area, the Minister may serve on the owner and occupier of the land a notice requiring such steps for abating the injury as may be so specified.

            (2) In relation to any notice served under this section, the provisions of subsections (4) to (8) of section 18, and of sections 19, 20 and 21 shall, subject to such exceptions and modifications as may be prescribed, apply as those provisions apply in relation to an enforcement notice served under section 18.

 

27.     Special buildings

 

            (1) Subject to the provisions of this section and section 28, if it appears to the Minister that it is expedient to make provision for the preservation of any building or group of buildings of special architectural or historical interest, he may for that purpose make an order (in this Act referred to as a "building preservation order") restricting the demolition, alteration or extension of any such building.

            (2) The Minister shall not make a building preservation order unless satisfied that the execution of the works specified in the order would seriously affect the character of the building or of the group of buildings.

            (3) Provision may be made by a building preservation order-

     (a)     for requiring the consent of the Minister to be obtained for the execution of works of any description specified in the order;

     (b)     for applying, in relation to any consent under the order and to applications therefor, any of the provisions of this Part relating to permission to develop land and to applications for any such permission, subject to such adaptations and modifications as may be specified in the order; and

     (c)     for enabling the Minister, where any works of a description specified in the order have been executed in contravention of the order, to require the restoration of any such building as aforesaid to its former state, and for that purpose for applying any of the provisions of this Part with respect to enforcement notices, subject to such adaptations and modifications as may be specified in the order.

            (4) Without prejudice to any provisions included in a building preservation order by virtue of subsection (3)(c), if any person, being the owner of a building in relation to which a building preservation order is in force, or a person on whom notice of such an order has been served by the Minister, executes, or causes or permits to be executed, any works in contravention of the order, he shall be guilty of an offence and liable to a fine not exceeding P5000.

 

28      Supplementary provisions as to building preservation orders

 

            (1) Provision may be made by regulations under this Act with respect to the form of building preservation orders, and the procedure to be followed in connection with the making of such orders; and, subject to subsection (2), such regulations shall, in particular, make provision for securing-

     (a)     that notice be given to the owners and any occupier of the building affected by the order;

     (b)     that objections and representations with regard to the proposed order duly made in accordance with the regulations shall be considered before the order is made by the Minister; and

     (c)     that a copy of the order, when it comes into operation, shall be served on the owner and any occupier of the building to which it relates.

            (2) Notwithstanding subsection (1), where it appears to the Minister that any such order should take effect immediately, he may make the order provisionally without complying with the requirements of any such regulations with regard to the consideration of objections and representations; but any order so made shall cease to have effect at the end of two months from the date on which it is so made unless within that period it has again been made, with or without modifications, after compliance with those requirements.

            (3) Nothing in any building preservation order shall render unlawful the execution of any works which are urgently necessary in the interests of safety or health or for the preservation of a building to which the order relates or of neighbouring property, so long as notice in writing of the proposed execution of the works is given to the Minister as soon as may be after the necessity for the works arises and before such works are commenced.

 

29.     Lists of buildings of special architectural or historic interest

 

            (1) The Minister may compile lists of buildings or groups of buildings of special architectural or historic interest and may amend any list so compiled.

            (2) As soon as may be after any list has been compiled under this section, or any amendments of such a list have been made, a copy of the list or amendments, certified by or on behalf of the Minister to be a true copy thereof, shall be deposited for public inspection at the offices of the Minister and the list or the amendments shall be published in the Gazette.

            (3) As soon as may be after the inclusion of any building in a list under this section, whether on the compilation of the list or by the amendment thereof, or as soon as may be after any such list has been amended by the exclusion of any building therefrom, the Minister shall serve a notice on every owner and occupier of the building, stating that the building has been included in, or excluded from, the list, as the case may be.

            (4) Before compiling any list under this section, or amending any list thereunder, the Minister shall consult with such persons or bodies of persons as appear to him appropriate as having special knowledge of, or interest in, buildings of architectural and historic interest.

 

30.     Effect of inclusion of a building in a list under section 29

 

            (1) Subject to the provisions of this section, so long as a building, not being a building to which a building preservation order applies, is included in a list compiled under section 29, no person shall execute, or cause or permit to be executed, any works for the demolition of the building, or for its alteration or extension, unless at least two months before the works are executed notice in writing of the proposed works has been given to the Minister.

            (2) Nothing in subsection (1) shall render unlawful the execution of any works which are urgently necessary in the interest of safety or health, or for the preservation of any buildings listed as aforesaid or of neighbouring property, so long as notice in writing thereof has been given to the Minister as soon as may be after the necessity for the works arises and before such works are commenced.

            (3) Where any works have been carried out in contravention of the provisions of subsection (1), the Minister may serve on the owner and occupier of the building in question a notice under this section requiring such steps for restoring the building to its former state as may be specified in the notice to be taken within such period as may be so specified.

            (4) A notice under subsection (3) shall take effect at the end of such period (not being less than 21 days after the service thereof) as may be specified in the notice.

            (5) If, within the period specified in a notice served in accordance with subsection (3) or within such extended period as the Minister may allow, any steps required by the notice to be taken have not been taken, the Minister may request a court presided over by a Magistrate Grade I or over, by means of an application, for authority to enter on the land and take those steps, and upon such authority being given he may enter upon the land and take those steps, and may recover from the person who is then the owner of the land any expenses reasonably incurred by him in that behalf.

            (6) Without prejudice to the preceding provisions of this section, if any person contravenes the provisions of subsection (1) he shall be guilty of an offence and liable to a fine not exceeding P5000.