L.R.O. 1/2012
LAWS OF GUYANA
TOWN AND COUNTRY PLANNING ACT
CHAPTER 20:01
Act
Amended by
40 of 1957 24 of 1969
4 of 1972 25
5
of
of
1973
1996



1 – 53 ... 1/2012
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
25 of 1946
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Note
on
Subsidiary Legislation

This Chapter contains no subsidiary legislation.

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CHAPTER 20:01
TOWN AND COUNTRY PLANNING ACT

ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
PART I
PRELIMINARY
2. (1) Interpretation
(2) Scope of planning scheme
3. Central Authority.
PART II
PREPARATION AND APPROVAL OF SCHEMES
4. Regulations as to procedure and in relation to matters in the First
Schedule.
5. Appointment of joint committees.
6. Preparation of schemes by a Local Authority or a joint committee.
7. Preparation or adoption of schemes.
8. Approval of schemes by the Minister.
9. Revocation or modification of scheme at request of Central
Authority.
10. Supplementary schemes for areas comprised in regional schemes.
11. Local Authority affected by scheme.
12. Establishment and maintenance of register.
13. Obligation to give information to Central Authority.
14. Powers of entry, examination and survey for preparation of
scheme.
PART III
INTERIM DEVELOPMENT OF LAND
15. Interim development.
16. Appeal to a Judge in relation to permission or prohibition.
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SECTION
17. Minister may suspend the operation of certain enactments.
18. Compensation for compliance with condition.
PART IV
CONTENTS AND EFFECTS OF SCHEMES
19. Contents of schemes.
20. Assignment of duties to Local Authority.
21. Submission of applications, etc., to the Central Authority after the
material date.
22. Power to enforce and carry into effect schemes.
23. Power to contribute towards expenses of owners.
24. General development orders.
25. Power to permit building operations.
26. Acquisition of land to which scheme applies.
27. Compulsory acquisition.
28. Powers of entry, etc., for carrying out a scheme.
29. Penalty for contravention of a scheme.
PART V
COMPENSATION AND BETTERMENT
30. Provisions as to compensation for injurious affection.
31. No compensation in certain classes of cases.
32. Exclusion or limitation of compensation in certain other cases.
33. Recovery of betterment from owners of property increased in value.
34. Making of claims for compensation or betterment.
35. Special assessment: recovery of expenses.
36. Determination of claims to and recovery of amounts due.
37. Recovery of charge, sum or other amount due to the Central
Authority.
PART VI
MISCELLANEOUS
38. Receipts and expenditure of Central Authority.
39. Recovery of amounts due to or by Central Authority.
40. Summary procedure.
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SECTION
41. Service of notices, etc., on Central Authority and on other persons.
42. Protection of statutory undertakers.
43. Power of public departments, etc., to make agreements in
connection with schemes.
44. Power of Central Authority and owners to enter into agreements
restricting use of land.
45. Public enquiry.
46. Protection of Central Authority and other persons acting under Act.
FIRST SCHEDULE—Matters in relation to which Regulations shall be made.
SECOND SCHEDULE—Matters to be dealt with by Schemes.
______________________
1953 Ed.
c. 181
25 of 1946
____________
6 of 1966
An Act to make provision for the orderly and progressive
development of Land, Cities, Towns and other areas,
whether Urban or Rural, to preserve and improve the
amenities thereof, and for other matters connected
therewith.
[1st APRIL, 1948]
Short title.
Interpretation.
[24 of 1969
4 of 1972
25 of 1973]
1. This act may be cited as the Town and Country
Planning Act.
2. (1) In this Act—
“building” means any building, erection, structure or any
other building erected on or made on, in or under any
lands 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;
“Central Authority” means the Central Housing and
CHAPTER 20:01
TOWN AND COUNTRY PLANNING ACT

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Planning Authority constituted and incorporated under
the Housing Act;
“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;
“fence” includes any boarding or paling used as such, and
also banks and walls;
“hedge” includes any tree or shrub forming a part of a hedge;
“judge” means a judge of the High Court sitting in Chambers;
“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 the Georgetown City Council and
the New Amsterdam Town Council or the council of any
other town or of any local government district
established under the Municipal and Districts Councils
Act, within their respective jurisdictions and any other
Authority which the Minister shall by order 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
contained in a scheme, other than a supplementary
scheme or varying scheme, the date on which the
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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 provision 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;
“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 land or building, means a person
who is for the time being entitled to dispose of the
absolute title in the land or of the title to the building,
whether in possession or in reversion, and includes
also a person holding or entitled to the rents and profits
of the land or building under a lease or agreement the
unexpired term whereof exceeds three years;
“regional scheme” means a planning scheme for an area
which is not a City or a town under this Act;
“road” means any road whether public or private and includes
any street, square, court, alley, lane, bridge, footway, bridle
path, passage, or highway, whether a thoroughfare or not;

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Scope of
planning
scheme.
Central
Authority.
c. 36:20
“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 occupied or
intended to be occupied therewith;
“statutory undertaker” means any authority, company or
person empowered by any Act to execute or construct
authorised works or to carry into effect the purposes of
that Act;
“town planning scheme” means a planning scheme for the
City of Georgetown, or for the town of New Amsterdam,
or for any area approved by the Minister as being a town
for the purposes of this Act.
(2) A scheme may be made under this Act with
respect to any land, in any urban or rural area, whether there
are or are not buildings thereon, with the general object of
controlling the development of the land comprised in the
area to which the scheme applies, of securing proper sanitary
conditions and conveniences, and the co-ordination of roads
and public services, of protecting and extending the
amenities and of conserving and developing the resources of
such area.
(3) For the purposes of this Act the placing or
keeping on any land of any shed, tent, or other object,
whether fixed or movable or collapsible, which is not a
building, shall be a use of such land.
3. The duty of carrying out the provisions of this Act
including the due execution and enforcement of any
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Regulations as
to procedure
and in relation
to matters in
the First
Schedule.

Appointment
of joint
committees.
scheme in accordance therewith, shall (subject to the
limitations and conditions hereinafter contained) be vested in
the Central Housing and Planning Authority (in this Act
referred to as the Central Authority) established under the
Housing Act, and sections 3 to 10 (inclusive), section 55(a), and
section 56, of that Act, shall, mutatis mutandis, have effect as if
they formed part of this Act.
PART II
PREPARATION AND APPROVAL OF SCHEMES
4. Subject to affirmative resolution of the National
Assembly, the Central Authority may, with the approval
of the Minister, make regulations for regulating generally
the procedure to be followed in connection with the
preparation and the adoption of schemes and the several
matters and things mentioned in the First Schedule.
5. (1) Where two or more Local Authorities are
desirous of acting jointly in the preparation or adoption of a
scheme, they may concur in appointing a joint committee for
the purpose and in delegating, with or without restrictions, to
that committee any powers which any of the constituent
Authorities might exercise for the purpose, and in imposing
on that committee any duties which any of the constituent
Authorities are required to discharge for the purpose.
(2) (a) Any person who is a member of a Local
Authority may be appointed by the Local Authority to
serve on a joint committee under this section.
(b) Any such appointment may be for such period,
whether limited or unlimited, as the Local Authority may
think fit:
Provided that if at any time the person appointed ceases
to be a member of the Local Authority he shall thereupon
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Preparation of
schemes by a
Local Authority
or a joint
committee.

cease to be a member of the joint committee.
(3) A joint committee shall, subject to this section,
have power to regulate its own proceedings and may
delegate to any member or sub-committee power to carry
out on behalf of the joint committee such duties as may be
determined.
(4) The expenses of a joint committee shall be
defrayed by the constituent Authorities, or some or one of
them, as they may agree, and if any question arises as to the
Authority or Authorities by whom, or the proportions in
which, any such expenses are to be defrayed, that question
shall be determined by the Minister.
6. (1) A Local Authority or a joint committee duly
authorised in that behalf may by resolution—
(a) decide to prepare a scheme with
respect to any land within the area
specified in the resolution and within
the jurisdiction of the Authority,
or jurisdiction of the constituent
Authorities, as the case may be; or
(b) adopt, with or without
modifications, a scheme proposed
by all or any of the owners of any
such land.
(2) Where a Local Authority or joint committee decides
under subsection (1) to prepare a scheme, it shall proceed
with the preparation of such scheme with all practicable
speed and the Local Authority or joint committee, as the case
may be, may delegate to a sub-committee the duty of
preparing such scheme.
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Preparation or
adoption of
schemes.
(3) Where a scheme has been prepared under
subsection (2), the local authority or joint committee, as the
case may be, may by resolution approve of such scheme.
(4) Where a scheme has been adopted under
subsection (1) or approved under subsection (3) it shall be
forwarded to the Central Authority.
7. (1) The central Authority may by resolution
decide—
(a) to prepare a scheme with respect to
any land within the area specified in
the resolution; or
(b) to adopt, with or without variations, a
scheme proposed by all or any of the
owners of any such land; or
(c) to adopt, with or without variations,
a scheme forwarded to the Central
Authority under section 6.
(2) Notice of the resolution shall be published
within the prescribed time in the Gazette and a local daily
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.

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Approval of
schemes by the
Minister.
[40 of 1957]
8. (l) When the Central Authority has decided to
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;
(b) require such scheme to be modified;
or
(c) require a new scheme to be made and
submitted to him.
(3) When the Minister requires under this section
a scheme submitted to him to be modified by the Central
Authority, it shall be the duty of the Central Authority to
modify such scheme accordingly and to 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 under this section a
new scheme to be made and submitted to him by the Central
Authority, it shall be the duty of the Central Authority to
make with all convenient speed a new scheme accordingly
and to 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
schemes to be made available for public inspection at the
prescribed times and places, and
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Revocation or
modification of
scheme at
request of
Central
Authority.

Supplementary
schemes for
areas
comprised in
regional
(6) A scheme when approved by the Minister under
this section shall have full force and effect as from the date of
the publication of the notice of approval aforesaid.
9. (l) The Central Authority may at any time apply to
the Minister for the revocation or modification of a
scheme which has been approved under section 8 on the
following grounds—
(a) on account of the amount of the
compensation 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 (l), the Minister may either revoke or modify
such scheme or refuse the application.
(3) Whenever a scheme is revoked or modified,
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.
10. (1) In any case where a regional scheme is in
operation, the Central Authority may by resolution decide to
prepare a scheme with respect to any land to which the
regional scheme applies, or to adopt with or without
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schemes.

Local Authority
affected by
scheme.
modifications, 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 provisions 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, in so far
as it relates to the area to which it applies, be substituted for the
regional scheme.
11. (1) In any case where a scheme is wholly or in
part within the area of a Local Authority, the Central
Authority 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
representations.
(2) If the Local Authority are desirous of making any
objections 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
submitting the scheme to the Minister for approval shall
forward copies of all such objections or representations which
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Establishment
and
maintenance
of register.

Obligation to
give
information to
Central
Authority.
[5 of 1996]

Power of entry,
examination
and survey for
have not been met or withdrawn.
(4) Section 8 shall apply to any scheme submitted
under subsection (3) for approval.
12. Every scheme shall provide for the establishment
and maintenance of a register (in this Act referred to as “the
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 convenient
place at all reasonable times.
13. (1) The Central Authority may, for any purpose
arising in relation to the making, enforcement, or carrying 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, rent out of any such land or
building to state in writing and deliver or forward registered
post to the Central Authority within a specified time not less
than twenty- eight days after being so required, particulars of
the 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 interest or right (so
far as known to him) of every person who to his knowledge
has any interest in or right over or in respect of such land or
building.
(2) Every person required to make and deliver a
statement under this section who shall wilfully make any false
statement, or fail or refuse to make such a statement, shall
be liable on summary conviction to a fine of twenty-five
thousand dollars.
14. (1) The Central Authority may at any time cause
the whole or part of any land to be entered upon, examined
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preparation of
scheme.
[5 of 1996]

Interim
development
[5 of 1996]
and surveyed and the circumstances and requirements
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.
(2) Any person authorised 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 authorised by this section to cause to
be made, and on production of such written authority, enter
and there do anything 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 seven days’ notice in writing 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 of twenty-five
thousand dollars or to imprisonment for three months.
PART III
INTERIM DEVELOPMENT OF LAND
15. (1) When the Central Authority have passed a
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—
(a) grant to any person applying
therefor permission in writing to
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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
particular 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.
(3) Where an application is duly made to the
Central Authority for permission under this section and no
decision on such application is made by the Central Authority
within a period of three months after the receipt of such
application, or within such extended period or periods as
hereinafter provided, such application shall be deemed for all
purposes to have been granted by the Central Authority at
the expiration of the said period or the last of such extended
periods.
(4) The period of three months specified in
subsection (3) may be extended for such further period or
periods as the Minister shall consider necessary in any
particular case:
Provided that the applicant shall have been notified
of such extension before the expiration of the preceding
period.

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Appeal to a
Judge in
relation to
permission or
prohibition.
(5) A prohibition made by the Central Authority
under this section may either prohibit absolutely the further
proceeding with the work to which such prohibition relates
or prohibits the further proceeding with such work
otherwise than under and in accordance with conditions
specified in such prohibition.
(6) When the Central Authority have passed a
resolution for the making of a scheme and have, before
such scheme comes into operation, made a prohibition in
relation 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.
(7) 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 of sixty thousand dollars or to imprisonment for three
months together with, in the case of a continuing offence,
a further fine of five thousand dollars for every day during
which the offence is continued.
16. (1) Any person aggrieved by the grant or the
refusal by the Central Authority of a permission or by the
making of a prohibition by the Central Authority under this
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
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Minister may
suspend the
operation of
certain
enactments.
grounds of his appeal.
(2) 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.
(3) 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.
(4) Where on an appeal under this section from 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 matter the subject of such appeal,
direct the Central Authority to pay to the person by whom
such 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.
(5) 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.
17. When the Central Authority have passed a
resolution for the making of a scheme, before such scheme
comes into operation the Minister may by order suspend the
operation of any enactment relating to development,
(including road construction, building operations, or
sanitation), where in order to promote the development
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Compensation
for compliance
with condition.

Contents of
schemes.

Second
Schedule.
permitted in the area to which the scheme relates it is
expedient so to do.
18. (1) Whenever a condition is attached to or
inserted in a permission or a prohibition and the value of any
property is reduced by the due and proper performance or
observance of such condition, the provisions of this Act in
relation to compensation payable by the Central Authority
shall apply; and upon the coming into operation of the
scheme in connection with which such permission or
prohibition was granted or made, the compensation payable
shall be as if such reduction in value had been occasioned by
a restriction on the user of such property affected by a
provision contained in such scheme.
(2) Subsection (l) shall not apply or have effect
where the condition therein referred to in the 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.
PART IV
CONTENTS AND EFFECTS OF SCHEMES
19. (1) Every scheme shall specify and define clearly
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.

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Assignment of
duties to Local
Authority.
(3) A scheme may provide for the pooling and
redistribution of lands, or for re-adjustment of the boundaries
and areas of such lands:
Provided that—
(a) such lands are not already built upon,
or if already built upon, the inclusion
of such lands is expedient to the
scheme, and
(b) 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 on
behalf of the State may acquire such
land or any part thereof as is
necessary for carrying out such
scheme.
(4) Any enactment relating to development, road
construction, 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.
20. (1) The Central Authority may, with the approval of
the Minister assign to a Local Authority so named in a scheme,
duties and functions (including the execution of any public
work or the undertaking of any public service) in relation to
the enforcement and carrying out of such scheme, and specify
the time within which such duties and functions shall be
undertaken and completed.
(2) If the Local Authority shall unreasonably
delay or fail to commence or carry out the duties and
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Submission of
applications,
etc., to the
Central
Authority after
the material
date.
functions assigned to them under subsection (1), or shall carry
out such duties and functions in an unsatisfactory manner,
the Central Authority may order the Local Authority to
carry out such duties and functions within such period as
shall be fixed by the order, and any such order may be
enforced by mandamus.
(3) Where the Local Authority have made default
in carrying out any duties and functions assigned to them
under the scheme, the Central Authority may exercise such
duties and functions, and any expenses incurred by the
Central Authority in so doing shall on demand be paid by
the Local Authority to the Central Authority and may be
recovered summarily as a civil debt.
21. (l) From and after the date of the first publication in
the Gazette of a resolution by the Central Authority to prepare
or adopt a scheme, it shall be the duty of the Local
Authority of the area to which the resolution relates, to
submit all applications and proposals for development
within that area to the Central Authority for their
permission 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
commenced 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.

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Power to
enforce and
carry into effect
schemes.
[5 of 1996]
22. (1) Subject to 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
building 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 provisions of the scheme have
not been complied with; or
(b) where any building or land is
being used in such 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
(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
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action is proposed to be taken and on any other person who, in
their opinion, may be affected thereby, specifying the nature of
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.
(5) 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.
(6) 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 required work, or, as the case may
be, shall by his order prohibit the building or land from
being used in contravention of the scheme after the period
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Power to
contribute
towards
expenses of
owners.

General
development
orders.
aforesaid, but, if he is not so satisfied, he shall allow the
appeal.
(7) The judge shall allow such costs as he may
think fit.
(8) 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 shall be liable on summary
conviction to a fine of twenty-five thousand dollars or to
imprisonment for three months.
23. It shall be lawful for the Central Authority to
contribute towards the expenses incurred by owners of land
in or in connection with the proposal of a scheme which is
adopted by the Central Authority or in co-operating with
them in the preparation of a scheme.
24. (1) Where the provisions of a scheme prohibit
or restrict, pending the coming into operation of a general
development order, building operations on any land
specified in the scheme, the Central Authority may, with the
approval of the Minister, by order (in this Act referred to as a
“general development order”)—
(a) permit building operations to proceed
on any such land, subject to such
conditions as may be specified in the
general development order;
(b) revoke or vary any such order.
(2) A general development order may be made
with respect to the whole, or some part only, of the land
which is subject to the prohibition or restrictions as
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Power to
permit
building
operations.
aforesaid, and orders may be made from time to time so long
as any part of that land remains so subject.
(3) A general development order shall, so long as it
continues to be operative, be deemed to form part of the
scheme to which it relates.
25. (1) Where the provisions of a scheme prohibit
or restrict building operations on any land pending the
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
temporary 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 contravene 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 satisfied 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
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Acquisition of
land to which
scheme applies.
and that the provision of the
necessary services would be
premature, or likely to involve
excessive expenditure of public
money; or
(b) the operations would be likely to injure
the amenities of the locality.
(3) Any person aggrieved by the refusal of 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 16.
26. The Minister on behalf of the State may purchase by
agreement any land to which a scheme applies, which is
required for the purposes of the scheme, and in particular, but
without prejudice to the generality of the foregoing words, he
may purchase any such land—
(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
wholly or partly at the public expense; or
(b) 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
inconvenient size or shape, or of which the
arrangement or alignment is inconvenient,
or by reason of the multiplicity 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 provision of
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Compulsory
acquisition.

c. 62:05
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
providing accommodation for a person
whose premises have been purchased for
the purposes of the scheme.
27. (1) Where the Minister is unable to purchase by
agreement any land which he is authorised, under this Act, to
purchase on behalf of the State, he may acquire such land by
compulsory acquisition.
(2) Where the Minister, on behalf of the State, desires
to acquire land under this section by compulsory acquisition
he shall, by order published in the Gazette, declare that the
land described in the order shall be compulsorily acquired as
aforesaid, and deposit in the Deeds Registry a copy of the
order together with a plan, prepared by a sworn land
surveyor, of the land to be acquired by compulsory
acquisition.
(3) Upon such deposit being made as required by
subsection (2) the land and the buildings and erections
thereon shall, without any conveyance, vest in the State free
of all incumbrances.
(4) In respect of such compulsory acquisition,
compensation shall be assessed, and shall be paid, in the
manner provided by the Acquisition of Land for Public
Purposes Act as modified by this Act.
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Powers of
entry, etc., for
carrying out a
scheme.
[5 of 1996]

Penalty for
contravention
of a scheme.
[5 of 1996]


Provisions as
to
compensation
for injurious
affection.

28. (1) Any person authorised 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 seven days’ notice in writing of his intention so to do.
(2) Every person who wilfully obstructs or
interferes with any person in the lawful exercise of any power
conferred by this section shall be liable on summary
conviction to a fine of twenty- five thousand dollars or to
imprisonment for three months.
29. Any person who wilfully does any act (whether of
commission or omission) which is a contravention of a
provision contained in a scheme shall be liable on summary
conviction to a fine of sixty thousand dollars or to
imprisonment for three months and, in the case of a
continuing offence, to a further fine of five thousand dollars
for every day during which the offence continued.
PART V
COMPENSATION AND BETTERMENT
30. Subject to this Act, any person—
(a) whose property is injuriously
affected by the coming into operation
of any provision contained in a
scheme, or by the execution of any
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No
compensation
in certain
classes of
cases.
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
subsequent 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.
31. (1) No compensation shall be payable in respect of
any building the erection of which was begun after the
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—
(a) prescribes the location of buildings,
the extent of the yards, gardens, and
curtilage of buildings; or
(b) imposes any sanitary conditions in
connection with buildings; or
(c) limits the number of buildings or
the number of buildings of a
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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, design, colour and
materials of buildings;
(f) controls, restricts or prohibits the
objects which may 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 permanently, 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
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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 particular area for
buildings of a specified class or
classes; or
(k) in the interests of safety, regulates or
empowers the Central Authority to
regulate the height and position of
proposed walls, fences or hedges near
the corners or bends of roads; or
(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 building, 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
purposes of business or industry,
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requires the provision of
accommodation for parking, loading,
unloading, or fuelling vehicles, with a
view to preventing obstruction of
traffic on any road; or
(o) 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
movable 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
cent thereof) be set aside for open
spaces in addition to the area required
for roads.
(3) Nothing contained in subsection (2) shall
preclude an owner from claiming compensation for loss or
injury arising from—
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Exclusion or
limitation of
compensation
in certain other
cases.
(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 building for the purpose
for which it was used on the 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.
32. (1) No compensation shall be payable under this
Act in respect of any property on the ground that it has been
injuriously affected by any provision contained in a scheme,
if and in so far as the same provision or a provision
substantially to the same effect, was, at the date when the
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scheme came into operation, already in force by virtue of any
other Act.
(2) A person shall not be entitled to recover
compensation under this Act in respect of any action taken
under section 22 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 compensation shall be payable in
respect of that provision of the scheme
under this Act; and
(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—
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Recovery of
betterment
from owners of
property
increased in
value.

(a) there is still outstanding any claim
for compensation duly made
thereunder; or
(b) the time originally limited for making
such a claim has not expired;
and 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.
33. (1) Where, by the coming into operation of
any provision contained in a scheme, or by the execution of any
work under a scheme, any property within the area to 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
operation, or within three years after the completion of the
work, as the case may be, shall be entitled to 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 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 and one-half per cent per annum chargeable on
the aggregate amount of the instalments for the time being
outstanding:
Provided that the person from whom such instalments are
due may, on giving not less than six months’ notice in
writing to the Central Authority of his intention so to do,
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Making of
claims for
compensation
or betterment.
pay to them 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 provisions of the earlier scheme had
continued in operation.
34. (1) A claim under this Act for compensation or 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 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 expenditure
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
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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 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, which ever 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,
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Special
assessment:
recovery of
expenses.
Determination
of claims to and
recovery of
amounts due.
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 the
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.
35. (1) A scheme may provide that the cost or a
portion of the cost of any works to be executed as part of the
scheme shall be a special charge upon the property within a
particular area to the exclusion 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 and times by whom and when the same shall be
payable.
(2) Whenever a scheme provides for a special
assessment under subsection (1), 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.
36. (1) Any question arising under this Act as to—
(a) the right of a claimant to recover
compensation; or
(b) 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
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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.
(2) The judge shall cause the respective parties to
appear before him and it shall be lawful for him to 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.
(3) 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
(b) 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
scheme, or any other scheme; and
(c) if any contribution has been made
by the Central Authority under the
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Recovery of
charge, sum or
other amount
due to the
Central
Authority.
Receipts and
expenditure of
Central
Authority.
Recovery of
amounts due to
or by Central
Authority.
Summary
procedure.
provisions of this Act relating to
interim development, shall take into
account that contribution.
37. Any charge, sum or amount due and payable to
the Central Authority under sections 33, 35 or 36 shall, after the
expiration of three months from the time the same shall have
become due and payable, be recoverable—
(a) by parate or summary execution against the
property in respect of which the charge, sum
or amount became due and payable; or
(b) by action against the proprietor for the time
being of such property as a civil debt.
PART VI
MISCELLANEOUS
38. (1) All sums received by the Central Authority
by way of betterment, or otherwise shall be paid to the
Accountant General for the public use.
(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 out of moneys provided by Parliament.
39. Any amount due to or by the Central Authority
for any work done or expenses incurred under this Act may be
recovered summarily as a civil debt.
40. (1) Where any application is made under this 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
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Service of
notices, etc., on
Central
Authority and
on other
persons.
summons, it shall be lawful for the magistrate to hear and
determine the question at issue and the amount of any
compensation, and for that purpose to 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) Any person who is dissatisfied with the
decision under this Act of a magistrate, may, within twenty-
eight days after the date of such decision, appeal therefrom,
by way of originating summons, to a judge, and the decision
of the judge shall be final.
41. (1) Any notice, summons, writ or other
proceeding 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 subsection (1) any notice, order, or
other document required or authorised to be served under
this Act may be served—
(a) by delivering it to the person on whom
it is to be served; or
(b) 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 provided
that such place of abode is within a
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Protection of
statutory
undertakers.
postal delivery district; 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 secretary 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 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.
42. (1) No provision contained in a scheme shall apply
to any land or any building erected thereon which for the time
being belongs to any statutory undertakers and is held or
used by them for the purposes of their undertaking, except in
so far as they may consent to any particular provision of the
scheme being made applicable to any such land or building:
Provided that their consent shall not be unreasonably
withheld, and any question whether or not consent is
unreasonably withheld shall be decided by the Minister
whose decision shall be final.
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Power of
public
departments,
etc., to make
agreements in
connection
with schemes.

Power of
Central
Authority and
owners to enter
into
agreements
restricting use
of land.
(2) Whenever any land or building in the area to
which a scheme relates is at the material date occupied by
statutory undertakers for the purposes of their undertaking,
and ceases at any time after the material date to be occupied
by such statutory undertakers for such purposes, and such
statutory undertakers, have not given the consent mentioned
in sub-section (1), every provision contained in such scheme
which would have applied to such land or buildings, if it were
not so occupied by the statutory undertakers shall,
immediately upon the cesser, apply to such land or building
but with the modification that the date of the cesser shall be
the material date in respect of the land or building.
43. For the purpose of co-operating with the Central
Authority in the preparation of or the carrying into effect of a
scheme, any public department or Local Authority may,
subject to the approval of the Minister, enter into
agreements 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.
44. (1) Where any person is willing to agree with
the Central Authority that his land, or any part thereof, shall
so far as his interest in the land enables him to bind it, be made
subject, either permanently or for a specified period, to
conditions restricting the planning, development, or use
thereof in any manner, the Central Authority may, if they think
fit, enter into an agreement with him to that effect.

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Public inquiry.
Protection of
Central
Authority and
other persons
acting under
Act.
c. 5:07
s. 4(1)
(2) Any agreement entered into under the
provisions of this section shall be registered in the Deeds
Registry.
(3) Whenever the agreement relates to land
included in an approved scheme, particulars of such
agreement shall be entered in the register required to be kept
under section 12.
45. Whenever power is conferred on the Minister by
this Act to approve any scheme, or order, or other matter,
or to take any other action, he may before exercising such
power cause a public inquiry to be held into the matter.
46. (1) The Central Authority, and every person
acting under this Act shall be entitled to the protection
afforded by the Justices Protection Act.
(2) No personal liability shall attach to any
member of the Central Authority in respect of anything done
or suffered in good faith under this Act, or any sums of
money, damages or cost which may be recovered against the
anything done or anything suffered as aforesaid shall be paid
out of moneys provided by Parliament.
____________________
FIRST SCHEDULE
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
members of the Central Authority or any of them for
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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.
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 lists, assessment 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.
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S. 19
SECOND SCHEDULE
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 right 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 general 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—
(a) to reserve land for such roads as they
may think necessary;
(b) 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
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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 II
BUILDINGS AND OTHER STRUCTURES
1. Regulating and controlling either generally or in
particular 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 affixed 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 design, colour and
materials of buildings and fences.

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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 building 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.
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.
PART III
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
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unbuilt on) reserving it for specific purposes. Such purposes
shall 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
forests, 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 movable 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 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 material and refuse.
PART V
PUBLIC SERVICES
Facilitating the construction of works by statutory
undertakers in relation to lighting, water supply, sewerage,
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drainage, sewerage disposal and refuse disposal or other
public services.
PART VI
TRANSPORT AND COMMUNICATIONS
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
improvement of telegraphic or telephonic communication,
allocating sites for use in relation to such communication,
and providing 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 this 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 this Act and the said regulations,
declaring the manner in which and the times at or within
which notice for the purposes of the scheme may be served
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on the Central Authority by other persons.
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.
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 redistribution of such land among such
owners;
(c) 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,
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telephone lines, and electric current transmission lines,
drainage or irrigation channels, aerial cable ways and their
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
should not be held to prejudice or affect the generality of any
other matter.
_________________________