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SECTION

1. Short title.

2. Interpretation.

3. Director of Town and Country Planning.

4. Town and Country Planning Advisory Committee.

5. Appeals.

6. Constitution of town planning areas.

7. Restriction on carrying out of development after constitution of town planning areas.

8. Compensation for refusal of permission or conditional approval in certain cases.

9. Revocation and modification of permission to develop.

10. Powers relating to authorised development.

11. Restriction on forfeiture of lease.

12. Power to acquire land before final approval of scheme.

13. Provisions supplementary to section 12.

14. Power to require proper maintenance of waste land, etc.

15. Power to close streets.

16. Objects of schemes.

17. Contents of schemes.

18. Preparation of scheme.

19. Provisional approval of scheme.

20. Objections to scheme.

21. Objections to be submitted to board.

22. Hearing of objections.

23. Directors determination of objections.

24. Final approval of scheme by Director.

25. Operation of scheme.

26. Modification and suspension of approved scheme.

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27. Power to enforce and carry into effect schemes.

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

29. No compensation in certain classes of cases.

30. Exclusion or limitation of compensation in certain other cases.

31. Recovery of increase in value from owners of land.

32. Making of claims for compensation or increase in value.

33. Special assessment; recovery of expenses.

34. Determination of claims and recovery of amounts due.

35. Local authority may abandon or modify scheme after award of compensation.

36. Award of compensation not enforceable within one month from date of award.

37. Local authority may purchase land included in scheme.

38. Utilization of acquired land.

39. Resale of land acquired under scheme.

40. Indemnification of members of Board or local authority and other persons.

41. Power of entry.

42. Assault on authorised person.

43. Service of notices.

44. Penalties not otherwise provided for.

45. Regulations.

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1. This Act may be cited as the Town Planning Act.

2. In this Act, unless the context otherwise requires-

"advertisement" means any word, letter, model, sign, placard, board, notice, device or representation, employed wholly or in part for the purposes of advertisement, announcement or direction, and without prejudice to the foregoing provision includes any hoarding or similar structure used or adapted for use for the display of advertisements, and references to the display of advertisements shall be construed accordingly;

(Inserted by 22 of 1958, s. 2.)

"Advisory Committee" means the Town and Country Planning Advisory Committee appointed under the provisions of section 4;

"agriculture" includes horticulture, fruit farming, the growing of crops of all descriptions, dairy farming, bee keeping, poultry keeping and breeding, and the breeding and keeping of livestock;

(Inserted by 22 of 1958, s. 2.)

"building" includes any house, hut, shed, or roofed enclosure, whether used for the purpose of a human habitation or otherwise, and also any wall, fence, platform, septic tank, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing stage or bridge or any structure or erection connected with the foregoing;

"Court" means the Supreme Court;

"development" in relation to any land means any building operations or rebuilding operations, including the making of an alteration, addition or structural repair to any building, the formation, laying out or material widening of a street or a means of vehicular access thereto, and any use of the land or any building, either wholly or in part, which is materially different from the purpose for which the land or building was last being used:

Provided that the following operations or uses of land shall not be deemed to involve development of land, that is to say:-

(a) the carrying out of works for the repair, improvement or other alteration of any building, being works which affect only the interior of the building;

(b) the use (not involving building or rebuilding operations other than those specified in paragraph (a)) of land or of any building within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such;

(c) the use (not involving building or rebuilding operations other than those specified in paragraph (a)) of land for the purposes of agriculture or forestry, and the use for any of those purposes of any building occupied together with land so used;

(Substituted by 22 of 1958, s. 2.)

"Director" means the Director of Town and Country Planning for the time being appointed under the provisions of section 3;

"existing building" and "existing work" means respectively a building or work erected, constructed or carried out before the material date; and include also a building or work-

(a) erected, constructed or carried out in pursuance of a contract made before the material date; or

(b) begun before, but completed after, that date:

Provided that-

(i) a building erected or constructed in substitution for a previous building in accordance with the provisions of the scheme relating to substituted buildings shall be deemed to be an existing building; and

(ii) a building shall not cease to be, or deemed to be an existing building by reason of its alteration or extension in accordance with the provision of the scheme relating to the alteration or extension of existing buildings, and any such alteration or extension shall itself be deemed to be part of the existing building;

"existing use" means, in relation to any building or land, a use of that building or land for any purpose of the same or a similar character to that for which it was last used before the material date, or, in the case of a newly erected building which has not been used before that date, a use for any purpose for which it was designed:

Provided that-

(a) (i) such land or building is used continuously only for a purpose for which it was used on the material date; or

(ii) such land or building is used only for a purpose for which it was used on the material date and such use has not thereafter been discontinued for any period of more than twelve months; or

(iii) such land or building is, within twelve months after the material date, used only for a purpose for which it was last used prior to the material date and such use has not thereafter been discontinued for any period of more than twelve months;

(b) where at the material date a person who was using any land for the purpose of mining, quarrying, the digging of clay, gravel or sand, or the deposit of waste materials or refuse, or any other purpose of a similar nature, was entitled also to use neighbouring land for any such purpose, the user under that title of that neighbouring land for any such purpose, whether before or after the material date, shall be deemed to be an existing use;

"house" includes a residential building, church, warehouse, office, hospital, counting-house, shop, factory, and school or any other building in which persons reside or are employed;

"local authority" means-

(a) a town council constituted under the provisions of the Local Government Act;

(Cap. 125.)

(b) in respect of land outside the boundaries of any town, the local authority of a rural sanitary district constituted under the provisions of the Public Health Act;

(Cap. 111.)

(Amended by 22 of 1947, s. 2 and 14 of 1975 s. 29.)

"material date" means, in relation to any provision contained in a scheme, the date of the order constituting the town planning area;

"occupier" means the person in occupation of the holding or building in respect of which the word is used, or having the charge, management, or control thereof either on his own account or as agent of another person, but does not include a lodger;

"owner" in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement;

"scheme" means a scheme under this Act, and, save as otherwise expressly provided in this Act, includes a substituted scheme and a scheme modifying or altering 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;

"street" includes any road, square, footway or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to two or more houses whether the-public has a right of way thereover or not, and all channels, drains and ditches at the side of any street shall be deemed to be part of such street;

"subdivision" means the division of a parcel of land for sale, conveyance, transfer, lease, sublease, mortgage, agreement, partition or other dealing, or by procuring the issue of a separate instrument of title under the provisions of the Land Transfer Act in respect of any portion of land or by parting with the possession of any part thereof, or by depositing a plan of subdivision with the Registrar of Titles under the provisions of the last mentioned Act.

(Cap. 131.)

3.-(1) There shall be an officer appointed by the Public Service Commission with the title of Director of Town and Country Planning who shall be responsible to the Minister.

(2) The Director shall carry out such duties as are set out in this Act and in the Subdivision of Land Act and such other duties as the Minister may from time to time direct.

(Cap. 140.)

(Section substituted by 22 of 1973, s. 3.)

4.-(1) The Minister shall appoint a committee to be known as the Town and Country Planning Advisory Committee.

(2) The Advisory Committee shall comprise a chairman and not more than four other members.

(3) Three members of the Advisory Committee shall form a quorum.

(4) In the event of the absence of the chairman from any meeting, the members present shall select one of their number to be chairman for that meeting.

(5) The Advisory Committee shall perform the following functions:-

(a) advise the Minister on and about appeals under the provisions of section 5, and of section 14 of the Subdivision of Land Act; and

(Cap. 140.)

(b) such other advisory functions as the Minister may from time to time direct.

(Section inserted by 22 of 1973 s. 3.)

5.-(1) There shall be a right of appeal, subject to the provisions of this section, from decisions of the Director to the Minister within twenty eight days of notification of the decision to the appellant, and the decision of the Minister on the matter at issue shall be final:

Provided that the Minister may for good cause extend the said period of twenty-eight days.

(2) The right of appeal shall be exercisable by-

(a) any applicant and any local authority dissatisfied with the grant or refusal of development permission or the conditions attached to such permission or the prohibition of the grant of such permission under the provisions of subsection (3) of section 7;

(b) any person having an interest in the land and any local authority dissatisfied with the revocation or modification of or refusal to revoke or modify development permission under the provisions of subsection (1) of section 9;

(c) any person having an interest in the land and any local authority dissatisfied with the confirmation of or refusal to confirm an order requiring discontinuance of use or an order imposing conditions on the continuance thereof or an order requiring steps to be taken for the alteration or removal of buildings or works under the provisions of subsection (1) of section 10;

(d) any objector and any local authority dissatisfied with a decision of the Director under the provisions of section 23;

(e) any objector and any local authority dissatisfied with a decision of the Director under the provisions of subsection (4) of section 27.

(Section inserted by 14 of 1961, s. 3 and amended by 14 of 1975 s. 29.)

6.-(1) Upon application in that behalf made by the Director, or by any local authority with the approval of the Director, the Minister may order that any area shall be a town planning area, or that a town planning area which has already been constituted by order under this section or any similar enactment preceding it shall be varied as to its limits or shall no longer be a town planning area.

(2) Such order shall be published in the Gazette and a newspaper published in Fiji, and shall be posted at the office of the Director, at the office of the Commissioner for the Division in which the town planning area is situated, and at the office of the local authority.

(3) The limits of a town planning area shall be fixed by the Director, or by the local authority with the approval of the Director, and shall be stated in the order referred to in subsection (1).

(4) The provisions of this Act relating to town planning areas shall, from the date of any order under this section declaring an area to be no longer a town planning area, cease to apply to such area:

Provided that nothing in this section shall be deemed to prohibit the Minister in accordance with the provisions of this section, from again constituting such area a town planning area.

(Section substituted by 22 of 1958, s. 3.)

7.-(1) Subject to the provisions of this section, the permission of the local authority shall be required in respect of any development of land carried out within a town planning area during the period before a scheme affecting such area has been finally approved.

(2) The use for the display of advertisements of any external part of a building which has not normally been used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.

(3) The local authority shall not grant or refuse permission under this section without the prior consent of the Director and the Director may approve such grant or refusal either unconditionally or subject to conditions and may prohibit such grant or refusal.

(Substituted by 14 of 1961, s. 4.)

(4) In dealing with applications for permission to develop land under this section, the local authority and the Director shall have regard to the matters set out in the Schedule, to provisions proposed to be included in a scheme and to any other material considerations.

(5) Regulations may be made by the Minister prescribing matters relating to the control of development under this section, and in particular, without prejudice to the generality of the foregoing, scheduling any development or development of any class, in respect of which permission under this section shall be deemed to be granted by the regulations themselves.

(6) Where any development of land has been carried out without the grant of permission required in that behalf under this section, or any conditions subject to which permission was granted under this section have not been complied with, the local authority may at any time, and at the cost of the person in default, take such steps as may be required 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 any expenses lawfully incurred by the local authority in so doing may be recovered as a civil debt.

(7) Every person who-

(a) carries out any development of land without the grant of permission required in that behalf under the provisions of this section; or

(b) contravenes or fails to comply with any conditions subject to which permission has been granted under the provisions of this section; or

(c) obstructs or interferes with the exercise by the local authority of the powers vested in it by the provisions of this section,

shall, in addition to any civil liability, be guilty of an offence and be liable on conviction to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding three months; and if such contravention, failure to comply, obstruction or interference is continued after the conviction, he shall be guilty of a further offence and liable on conviction to a fine not exceeding twenty dollars for every day on which the contravention, failure to comply, obstruction or interference is so continued.

(Section substituted by 22 of 1958, s. 3, and amended by 37 of 1966, s. 27.)

8. Where permission to develop land is refused or the grant of permission is subject to conditions under the provisions of section 7and the land has become incapable of reasonably beneficial use in its existing state, and cannot be rendered capable of reasonably beneficial use, by reason of such refusal or attachment of conditions, any person having an interest in the land shall be entitled to compensation from the local authority in respect thereof:

Provided that-

(a) the total amount of compensation payable under this section shall not exceed the amount of rent and rates lawfully due and paid by the claimant or claimants in respect of such land between the date of such refusal or conditional approval and the date of resumption of reasonably beneficial use of the land; and where no rent is payable and the land nevertheless has a rental value, such rental value shall be taken into account in the assessment of the amount of compensation payable;

(b) no compensation shall be payable if the land can be rendered capable of reasonably beneficial use by the carrying out of any other development for which permission has been granted under the provisions of section 7, or for which the local authority, with the approval of the Director, has undertaken to grant permission;

(c) where compensation as aforesaid is payable under the provisions of this section, the local authority, where a town council, may purchase by private treaty the interest of any person in any or all of the land affected by a claim for compensation under this section, in which case compensation in respect of such interest in the land shall relate only to the period between the date of the refusal of permission or attachment of conditions and the date on which such interest is acquired by the local authority.

(Section substituted by 22 of 1958, s. 3 and amended by 14 of 1975 s. 29.)

9.-(1) Subject to the provisions of this section, if it appears to the local authority that it is expedient, having regard to the provisions which are likely to be included in a scheme and to any other material considerations, including the matters set out in the Schedule, that any permission to develop land under the provisions of section 7 should be revoked or modified, it may revoke or modify the permission to such extent as appears to it to be expedient as aforesaid:

Provided that no such revocation or modification shall take effect unless and until it is confirmed by the Director and unless it conforms to the procedure as to service of notices laid down by this Act or any regulations made thereunder.

(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 related 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 under this section, then if, on a claim made to the local authority, it is shown that any person interested in the land has incurred expenditure in carrying out work in pursuance of such permission which is rendered abortive by the revocation or modification or has otherwise sustained actual loss or damage which is directly attributable to the revocation or modification, that authority shall pay to that person compensation in respect of that expenditure, loss or damage.

(4) The provisions of section 8 shall apply in relation to the revocation or modification of permission to develop land, as they apply in relation to the refusal or conditional approval of an application for such permission.

(Section substituted by 22 of 1958, s. 3, and amended by 37 of 1966, s. 27.)

10.-(1) If it appears to the local authority that it is expedient, having regard to the provisions which are likely to be included in a scheme and to any other material considerations, including the matters set out in the Schedule-

(a) that any use of land should be discontinued, or that any conditions should be imposed on the continuance thereof; or

(b) that any buildings or works should be altered or removed, it may by order require the discontinuance of that use, or impose conditions on the continuance thereof, or require steps to be taken for the alteration or removal of the building or works, as the case may be:

Provided that no such order shall take effect unless and until it is confirmed by the Director and unless it conforms to any procedure as to the making of such order which may be prescribed in regulations made under the provisions of section 7.

(2) If the use of any land is continued or no steps have been taken to alter or remove any buildings or works, in contravention of the terms of an order under subsection (1) the provisions of subsections (6) and (7) of section 7 shall apply in relation to such contravention, as they apply in relation to any development of land carried out without the grant of permission, or the contravention of any conditions attached to the grant of permission, under that section.

(3) Where the requirements of any order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the local authority in so far as there is not other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation to the satisfaction of the Director, in advance of the displacement.

(4) Where an order is made under this section, then if, on a claim made to the local authority it is shown that any person has suffered damage in consequence of the order by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, that authority shall pay to that person compensation in respect of that damage.

(5) Without prejudice to the foregoing provisions of this section, any person who carries out any works in compliance with an order under this section shall be entitled, on a claim as aforesaid, to recover from the local authority compensation in respect of any expenses reasonably incurred by him in that behalf:

Provided that the amount of such compensation shall be reduced by the value to such person of any timber, apparatus or other materials removed for the purpose of complying with that order.

(6) The provisions of section 8 shall apply in relation to an order under this section, as they apply in relation to the refusal or conditional approval of an application for permission to develop land.

(Section substituted by 22 of 1958, s. 3, and amended by 37 of 1966, s. 27.)

11.-(1) Notwithstanding provisions to the contrary contained in any lease, no lease shall be forfeited for any breach of any covenant or condition rendered incapable of performance by any decision or order given or made under the provisions of sections 7, 9 or 10.

(2) For the purposes of this section "lease" includes a sub-lease.

(Section inserted by 22 of 1958, s. 3.)

12.-(1) If during the period before a scheme for a town planning area has been finally approved the local authority, where a town council, is satisfied that the acquisition of any land under this section is expedient for any purpose which appears to it to be necessary in the interests of the proper planning of that area, the local authority may purchase by private treaty the interest of any person in such land.

(2) If any owner of any such land does not agree to sell the same to the town council, or does not agree to sell at a reasonable price, the Minister may acquire all or any of such land under the provisions of the Crown Acquisition of Lands Act and the town council shall pay all charges for compensation and all costs incurred by the Minister in respect of such acquisition. When all such charges and costs shall have been paid by the town council the Minister shall cause the interest in such land so acquired by him to be transferred to such town council.

(3) For the purposes of this section a reasonable price shall be deemed to be the price which a willing buyer would pay to a willing seller, no regard being paid to the purposes for which the land is being acquired.

(Section inserted by 22 of 1958, s. 3, and amended by 14 of 1975, s. 29.)

13.-(1) Notwithstanding the provisions of subsection (1) of section 38, any land which has been acquired under the provisions of section 12 or of sections 8, 9 or 10 shall be dealt with in accordance with the interests of the proper planning of the area, as determined by the Director:

Provided that-

(a) land which has been compulsorily acquired under section 12 shall be dealt with for the particular purpose in the interests of the proper planning of the area for which such land was acquired;

(b) where premises are required for the purpose of demolition, the carrying out of which will involve the displacement of persons residing in such premises, it shall be the duty of the local authority in so far as there is not other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation, to the satisfaction of the Director in advance of the displacement.

(2) Notwithstanding the provisions of subsection (2) of section 38, any land which has been acquired under the provisions of section 12 or of section 7 may be let by the town council-

(a) with the consent of the Minister, for any term;

(b) without the consent of the Minister, for a term not exceeding five years.

(3) Notwithstanding the provisions of subsection (2) of section 38, any land which has been acquired under the provisions of section 12 or of sections 8, 9 or 10 may, with the consent of the Minister-

(a) be resold by the town council where such land is not required for the purpose for which it was acquired or is being used; or

(b) be exchanged for other land either with or without paying or receiving any money for equality of exchange.

(Section inserted by 22 of 1958, s. 3.)

14.-(1) If it appears to a local authority that the amenity of any part of a town planning area in respect of which a scheme has not finally been approved, is seriously injured by the condition of any garden, vacant site or open land in that area or by the presence in such garden, site or land of any waste or derelict material or object, then subject to the approval of the Director, the authority may serve on the owner and occupier of the land a notice requiring such steps for abating the injury as may be specified in the notice to be taken within such period as may be so specified.

(2) The provisions of subsections (6) and (7) of section 7 shall apply in relation to a notice served under this section as they apply in relation to any refusal or conditional approval of an application for permission to develop land under the provisions of the said section 7.

(Section inserted by 22 of 1958, s. 3.)

15.-(1) Notwithstanding the provisions of section 4 of the Roads Act, the Permanent Secretary for Works may, during the period before a scheme for a town planning area has been finally approved, if it is certified by the Director that such action is necessary in the interests of the proper planning of the area, order that any street or portion thereof for which the local authority is not a town council be closed:

(Cap. 1975.)

Provided that-

(a) no order made under this section shall affect any street declared as a public road by the Minister under the provisions of section 3 of the Roads Act;

(Cap. 175.)

(b) no order made under this section shall take effect unless a reasonably convenient and adequate alternative route would be available after the closing of such street or streets or portions thereof as may be specified in such order.

(2) Where a street or portion of a street is closed in conformity with an order made under this section-

(a) the public shall, in the case of a street over which the public has a right of way, cease to have a right of way over such street or portion thereof as is closed;

(b) the use of the land comprising the

street or portion thereof which is closed shall revert to the owner of such land, and the Permanent Secretary for Works may require that the owner as aforesaid shall take such measures as are necessary to prevent the land being used for the purposes of vehicular traffic.

(Section inserted by 22 of 1958, s. 3.)

16.-(1) A scheme may be made, in accordance with the provisions of this Act, with respect to any land with the general object of controlling the development of the land to which such scheme applies, and of securing suitable provision for traffic, transportation, disposition of commercial, residential, and industrial areas, proper sanitary conditions, amenities and conveniences, parks, gardens and reserves, and of making suitable provision for the use of land for building or other purposes, and as more particularly set out in the Schedule.

(2) With those objects such scheme may provide for planning, replanning, pooling, redistributing, or reconstructing the whole or any part of the area comprised in the scheme.

17.-(1) Every scheme shall specify and define clearly the area to which it applies.

(2) Every scheme shall consist of a scheme plan and 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 Schedule.

(Amended by 56 of 1965, s. 2.)

(3) The provisions contained in a scheme may-

(a) differ as respects different parts of the area to which the scheme applies; and

(b) be made applicable, either with or without modification, to existing buildings.

(4) Any Act, regulation, or by-law, 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, in so far as it is inconsistent with the provisions of a scheme, not apply to the area to which the scheme applies.

18.-(1) Every local authority shall prepare and submit to the Director within such time as may be prescribed by the Director, a scheme in respect of all land within a town planning area.

(2) If a local authority fails to prepare and submit a scheme within such time as may be prescribed by the Director, the Director may prepare a scheme and such scheme shall for all the purposes of this Act be deemed to be a scheme prepared and submitted to the Director by the local authority, and any expenses incurred by the Director in the preparation of any such scheme shall be payable by the local authority and shall be recoverable, at the option of the Director by instalments or as a civil debt.

19.-(1) Any scheme submitted to the Director by a local authority as required by this Act, may be provisionally approved by the Director subject to such alteration and modification as the Director may decide.

Provisionally approved scheme shall be publicly notified

(2) So soon as a scheme has been provisionally approved by the Director as herein provided, the local authority shall, in manner prescribed by regulations, publicly notify the scheme, and shall deposit in the office of the local authority for public inspection a copy of all maps, plans, and other particulars comprised in the scheme.

20. Every owner or occupier of land within the area covered by a scheme shall have a right of objection to the scheme, and may, by notice in writing addressed to the local authority, give notice of such objection, and of the grounds thereof, at any time within three months after the first public notification of the scheme as required by this section.

21. So soon as practicable after the receipt of any objections under section 20 the local authority shall forward the same to the Director, together with a statement of its opinion as to the merits of the several objections.

22.-(1) The Director shall so soon as practicable considers all such objections.

(2) At the hearing of any objection under this section the Director shall have power to summon witnesses and to hear evidence on oath. The local authority or any objector may be represented by barrister and solicitor.

(3) The procedure for the institution, hearing, and determination of proceedings under this section shall be in accordance with regulations to be made under the provisions of this Act, and subject to such regulations or so far as they do not extend, the Director shall determine the procedure.

(Section amended by 22 of 1973, s. S5.)

23. On the determination of any objection under this Act the Director may uphold the objection in whole or in part, and may require the modification of the scheme accordingly, or may dismiss the objection.

(Amended by 14 of 1961, s. 7.)

24.-(1) After all objections have been disposed of, and the requirements of the Director, if any, for the modification of the scheme have been complied with, the Director shall finally approve the scheme, and shall signify his approval by signing the same.

(Amended by 22 of 1973, s. 7.)

Public notification of scheme

(2) When the Director shall have finally approved a scheme the local authority concerned shall publicly notify the same in accordance with regulations to be made under this Act.

Approved scheme to be open to inspection

(3) The approved scheme and a copy of all maps, plans and other particulars comprised therein shall be exhibited at some convenient place in the offices of the Director, and the local authority, and shall be open to the inspection of the public free of any charge whatsoever at any time during the office hours of the Director and the local authority.

25. When a scheme has been finally approved by the Director as aforesaid it shall be the duty of the local authority to observe and to enforce the observance of the requirements of the scheme in respect of all development of any description thereafter undertaken within the area to which the scheme applies, whether by the local authority or by any person, and, save with the consent in writing of the Director, the local authority shall not thereafter undertake or permit any alteration or modification of any existing buildings or works if such modification or alteration would tend to prevent or delay their being brought into conformity with the requirements of the approved scheme.

26.-(1) Any local authority may from time to time of its own motion, and shall if so required by the Director or by the Minister, elaborate any of the provisions of an approved scheme, enlarge the scheme, modify or alter any of the details of the scheme or substitute a new scheme for the approved scheme.

(Substituted by 56 of 1965, s. 3.)

(2) The foregoing provisions as to the public notification of a scheme, the hearing of objections to a scheme, and the approval of the scheme by the Director, shall apply with respect to every alteration or addition to a scheme, and to every new scheme substituted for an approved scheme.

(3) In any case where a local authority proposes, or is required by the Director or by the Minister, to modify or alter any of the details of an approved scheme or to substitute a new scheme therefore, the Minister may, by notification in the Gazette, notify the suspension of such of the provisions of the approved scheme as he may consider necessary or expedient pending the approval of such modifications or alterations or the substitution of a new scheme and, as from the date of publication of such notification, such provisions of the approved scheme shall be suspended accordingly either with respect to the whole of the land to which the modifications or alterations or the new scheme are or is to apply or with respect to any portion thereof specified in the notification.

(Inserted by 56 of 1965, s. 3.)

(4) Where a notification has been published under the provisions of subsection (3), the provisions of this Act relating to interim development shall apply, as from the date of such publication, to development of the land specified in such notification as though no scheme had been approved in respect thereof.

(Inserted by 56 of 1965, s. 3.)

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27.-(1) Subject to the provisions of this section, the local 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 with those provisions or the removal, demolition or alteration of which is necessary for carrying the scheme into effect, or in the erection or carrying out of which any provision of the scheme has not been complied with; or

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

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

(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 local authority shall serve a notice on the owner and on the occupier of the building or land in respect of which the action is proposed to be taken and on any other person who, in its opinion, may be affected thereby, specifying the nature of and the grounds upon which it proposes 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 not be 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 local 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 give notice of objection, and of the grounds thereof, in writing addressed to the local authority, and such objections shall be submitted, heard, considered, and decided in the same manner as is provided in sections 21, 22 and 23.

(Amended by 14 of 1961, s. 8.)

(5) Every person who uses any building or land in a manner prohibited under the provisions of this section, or obstructs or interferes with the exercise by the local authority of any power vested in it shall in addition to any civil liability be guilty of an offence and liable to a fine of one hundred dollars.

(6) Any expenses lawfully incurred by the local authority under the provisions of subsection (1) may be recovered as a civil debt from the person in default.

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28. Subject to the provisions of this Act, any person-

(a) whose land is injuriously affected by the coming into operation of any provision contained in a scheme, or by the execution of any work under a scheme; or

(b) who for the purpose of complying with any provision contained in a scheme, or in making or resisting a claim under the provisions of this Act relating to compensation or increase in value has incurred expenditure which is rendered abortive by a subsequent modification or alteration 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 local authority the amount by which his property is decreased in value or, so far as it was reasonably incurred, the amount of the abortive expenditure, as the case may be.

29.-(1) No compensation shall be payable in respect of any contract made or work done or of any building the erection of which was begun after the material date not being for the purpose of carrying out a contract already entered into, unless such contract was made or work was done or erection was begun under and in accordance with a permit from the local authority.

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

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

(b) imposes any sanitary conditions in connexion with buildings; or

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

(d) prohibits or regulates the subdivision of land; or

(e) regulates or empowers the local authority to regulate the size, height, spacing, design, colour and materials of buildings; or

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

(g) 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

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

(i) 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

(j) in the interests of safety, regulates or empowers the local authority to regulate the height and position of proposed walls, fences or hedges near the corners or bends of roads; or

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

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