Development and Planning Act 1974

PART I
INTERPRETATION AND APPLI CATION

1 Interpretation

2 Application of the Act

PART II
ADMINISTRATION

3 Development Applications Board

4 Advisory Architectural Panel

5 Delegation to municipal authorities

PART III
DEVELOPMENT PLAN

6 Survey and development plan

7 Local plans

8 Designation of land for acquisition

9 Review and amendment of development plan

10 Draft development plan or local plan to operate as development plan or local plan pending approval of Legislature

11 Approval of development plans

12 Deposit of development plan

13 Alteration of designation, or de-designation, of land in local plan area

PART IV
CONTROL OF DEVELOPMENT OF LAND

14 Development requiring planning permission

15 Development orders

16 Form and content of applica tions

17 Determination of applications

18 Conditional grant of planning permission

19 Decision of Board to be final

20 Permission to retain buildings or works or continue use of land

21 Effect of planning permission

22 Registers of applications and decisions

23 Duration of planning permission

24 Termination of planning permission by reference to time limit

25 Revocation and modification of planning permission

PART V
SPECIAL PROVISION IN CERTAIN CASES

26 Conditions requiring preservation or planting of trees

27 Tree preservation order

28 Designated areas

29 Hotel development

30 Listed buildings

31 Historic areas

32 Crown land

33 Community areas

34 Agreement regulating develop ment or use of land

PART VI
SUBDIVISIONS

35 [repealed]

35A Meaning of subdivision

35B Planning permission required for subdivision

35C Application for planning permission to subdivide

35D Registration of planning permission to subdivide

36 [repealed]

37 More than one building on land prior to 3 August 1965

38 [Repealed]

39 Certain subdivisions of buildings not to require planning permission

40 Certain persons not affected by section 35

41 Sale of pre-1974 lots not to require subdivision approval

42 Retroactive effect of planning permission in certain cases

PART VII
COMPENSATION FOR REFUSAL OR CONDITIONAL GRANT OF PLANNING PERMISSION

43 Entitlement to compensation

44 Planning decisions not ranking for compensation

45 No compensation if other development permitted

46 Assessment of compensation

47 Claims for compensation

48 Review of planning decisions where compensation claimed

49 Minister to give notice

50 Effect on claims of direction under section 42

51 Acquisition of land in lieu of compensation

52 Subsequent recovery of compensation

PART VIII
PLANNING AND OTHER REGULATIONS

53 [repealed]

54 Planning regulations

55 Building phasing regulations

56 Regulations: general provisions

PART IX
APPEALS AND REVIEWS

57 Appeals to the Minister

58 Appeal to the Board

59 Appeal in default of planning decision

60 Power of Minister to correct decisions which are contrary to law

61 Appeals to the Supreme Court

PART X
ENFORCEMENT

62 Enforcement of planning control

63 Special enforcement no tices

64 Supplementary provisions as to enforcement

65 Penalties for failure to comply with enforcement notices

66 Continuing operation of enforcement notices

67 Maintenance of waste land

68 Unauthorized excavation, site preparation and de velopment

69 Site excavation licences

PART XI
SUPPLEMENTAL

70 Powers of entry

71 Service of notice

72 Powers to require infor mation

73 Application to land regulated by special enactments

74 Unfinished buildings

75 Zoning Orders

76 Municipal Bye-laws

77 Acquisition of land

78 Rules

79 Offences by Corporations

80 Repeals and savings

81 Commencement

FIRST SCHEDULE
(Section 3)
DEVELOPMENT APPLICATIONS BOARD

SECOND SCHEDULE
(Sections 6 and 7)
MATTERS FOR WHICH PROVI SIONS MAY BE MADE IN DE VELOPMENT PLANS

THIRD SCHEDULE
(Section 6(4)(b))
MATTERS FOR WHICH STUDIES IN SPECIAL STUDY AREAS MAY PROVIDE

FOURTH SCHEDULE
(Section 28)
DESIGNATED AREAS OF SPECIAL ENVIRONMENTAL VALUE

[18 June 1974]

[preamble and words of enactment omitted]

PART I

INTERPRETATION AND APPLICATION

Interpretation

1 In this Act, unless the context otherwise requires �

"agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock, the use of land as grazing land, meadow land, market gardens and nursery grounds;

"the Board" means the Development Applications Board estab lished under section 3 and, in relation to any function law fully delegated by them to any other person or body, includ ing a committee of the Board, means the person or body to whom such function has been delegated;

"building" includes any structure or erection of a permanent or semi-permanent nature and any part of a building as so de fined, but does not include plant or machinery comprised in a building;

"building operations" includes rebuilding operations, structural alterations of or additions to buildings, and other operations normally undertaken by a person carrying on business as a builder;

"building or work" includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed ac cordingly;

"designated area" has the meaning given in section 28;

"development" has the meaning given in section 14 and "develop" has a corresponding meaning;

"development order" has the meaning given in section 15;

"development plan" shall be construed in accordance with sec tion 6 and includes �

(i) a local plan prepared under section 7;

(ii) any draft development plan or draft local plan hav ing effect under section 10;

(iii) any amendment or addition to a development plan, including such a plan as is mentioned in para graphs (i) and (ii) of this definition;

"Director" means the Director of Planning;

"dwelling" includes any part of a building where that part is sep arately occupied as a dwelling;

"enforcement notice" has the meaning given in section 62(3);

"engineering operations" includes the formation or laying out of means of access to highways;

"erection" in relation to buildings includes extension, alteration and re-erection;

"highway authority" means an authority responsible for the maintenance of a road;

"historic area" has the meaning given in section 31;

"land" means any corporeal hereditaments, including a building, and includes land covered by water;

"listed building" means a building which is for the time being in cluded in a list compiled or approved by the Minister under section 30 and includes any object or structure fixed to such a building, or forming part of the land comprised within the curtilage of such a building;

"local plan" includes a draft local plan having effect under sec tion 10;

"Minister" means the Minister responsible for planning;

"owner", in relation to land, means a person other than the mortgagee not in possession who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;

"planning permission" means permission to develop land or to subdivide land, as the case may be, and, in construing refer ences to planning permission to develop land or to applica tions for such permission, regard shall be had to section 20(2);

"planning permission granted for a limited period" has the meaning given in section 18;

"registered plan of subdivision" means a plan of subdivision reg istered by the Minister under section 35D(1);

"road" means any road whether public or private and includes any street, square, court, alley, lane, bridge, footway, track, path, passage, or other highway, whether a thoroughfare or not;

"rules" means rules prescribed under section 78;

"statutory undertakers" means persons authorized by any Act to carry on any dock, harbour or pier undertakings, or any un dertaking for the supply of electricity, water, oil, telephonic, telegraphic or sewerage services, and "statutory undertaking" has a corresponding meaning;

"subdivision" has the meaning given by section 35A;

"tree preservation order" has the meaning given in section 27;

"use" in relation to land, does not include the use of land by the carrying out of any building or other operations thereon;

"zoning order" means a zoning order having effect under section 75.

[Section 1 amended by 1997 : 3 effective 1 April 1997]

Application of the Act

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

(2) Subject to subsection (1), this Act shall bind the Crown.

[Section 2(1) substituted by 1996 : 11 effective 20 June 1996]

(ii) making provision for any of the matters specified in the Second Schedule;

(iii) containing such other matters ancillary thereto as the Minister may direct;

(b) such maps, diagrams, illustrations and descriptive mat ter as may be necessary to illustrate the proposals afore said with such degree of particularity as may be appro priate to different parts of Bermuda.

(4) A development plan may designate any part of Bermuda which has been selected by the Minister for treatment in accordance with a local plan prepared for that part of Bermuda�

(a) as an environmental conservation area, being an area in which the preservation of the natural environment shall take precedence over other planning considerations;

(b) as a special study area, being an area where the local circumstances are in the opinion of the Minister such as to require further study being made of the planning re quirements for the area, with a view to all or any of the matters specified in the Third Schedule being provided for in a local plan.

(5) A report of the survey under subsection (1) shall accompany the development plan when this is submitted to the Legislature for ap proval under section 11.

Local plans

7 (1) The Minister may prepare, in amplification of a development plan, a local plan for any part of Bermuda.

(2) A local plan shall consist of a map and a written statement and shall �

(a) formulate in such detail as the Minister thinks appropri ate the Minister's proposals for the development and other use of land in that part of Bermuda or for any de scription of development or other use of such land;

(b) contain such other matters as the Minister may think fit.

(3) Different local plans may be prepared for different purposes for the same part of Bermuda.

(4) A local plan for any part of Bermuda shall contain, or be ac companied by, such diagrams, illustrations and descriptive matter as the Minister thinks appropriate for the purpose of illustrating the proposals in the plan; and any such diagrams, illustrations and descriptive matter shall be part of the plan.

(5) A local plan shall conform generally to the development plan as it stands for the time being and shall have regard to any other consid erations which appear to the Minister to be relevant.

(6) A local plan may, subject to this section, make provision for any of the matters mentioned in the Second Schedule.

Designation of land for acquisition

8 (1) A development plan may designate, as land subject to ac quisition by the Government �

(a) any land allocated by the plan for Government purposes or for the purposes of a Municipality or of a statutory undertaker or of a highway authority;

(b) any land comprised in an area designated in the plan as an environmental conservation area or a special study area;

(c) any other land that, in the opinion of the Minister, ought to be subject to acquisition by the Government for the purpose of securing its use in the manner proposed by the plan.

(2) A development plan shall not designate any land as land subject to acquisition by the Government if it appears to the Minister that the acquisition is not likely to take place within five years from the date on which the plan is approved by the Legislature under section 11.

(3) Where any land is designated by a development plan as subject to acquisition by the Government, then if at the expiration of six years from the date on which the plan, or the amendment of the plan, by virtue of which the land was first so designated came into operation in accordance with section 11(10) any of that land has not been acquired by the Government, any owner of an interest in the land may serve on the Minister a notice requiring the interest of the owner in the land to be so acquired and if, within six months after the service of that notice, the interest of the owner in the land has not been so acquired, the develop ment plan shall have effect, after the expiration of the said six months, as if the land in which the said interest subsists was not designated as subject to acquisition by the Government, but subject to
such alternate restrictions as to user as shall be specified in the development plan.

Review and amendment of development plan

9 (1) At least once in every five years after the date upon which a development plan for any area is approved by the Legislature, the Minis ter shall review the plan and submit a report on such review to the Leg islature.

(2) The Minister may at any time submit to the Legislature pro posals for such alterations or additions to any development plan or local plan as appear to him to be expedient.

Draft development plan or local plan to operate as development plan or local plan pending approval of Legislature

10 (1) The Minister may, by notice in the Gazette, at any time prior to the approval of a development plan or local plan by the Legisla ture under section 11, declare that a draft development plan or a draft local plan shall be operative as a development plan or local plan, as the case may be, from such date as may be specified in the notice and until such approval is obtained:

Provided that if such approval is not obtained within eighteen months of the publication of such notice such draft development plan or draft local plan shall cease to be operative as a development plan or a lo cal plan.

(2) Nothing in this section shall apply in the case of any alter ations or additions to a development plan or local plan.

(3) During the period during which a draft development plan is operative in any part of Bermuda, any other development plan in force in respect to that area prior thereto shall cease to have effect, save to the extent that the draft development plan provides to the contrary.

Approval of development plans

11 (1) The Minister shall in the course of preparing a development plan relating to any land, or proposals for alterations or additions to any such plan, consult with the Municipality in whose area any of the land is situated and any other public authority concerned with the development contemplated in the area concerned, and may consult with such other persons or bodies as he thinks fit, and the Minister shall �

(a) before declaring that a draft plan shall be operative in accordance with the powers vested in him by section 10; and

(b) before submitting any development plan or proposals for alterations or additions to such plan for approval by the Legislature,

give to the Municipality and public authority as aforesaid and to any such persons or bodies as aforesaid an opportunity to make objections or representations with respect thereto.

(2) Notice shall be published in the Gazette and in at least one daily newspaper that the Minister has prepared in draft any such plan or proposals for the amendment of any such plan, and of the place or places where copies of such plan or proposals may be inspected by the public.

(3) If any objection or representation with respect to any such plan or proposals is made in writing to the Minister within two months after the publication of the notice referred to in subsection (2) or within such greater period after the publication of such notice as the Minister may by notice in the Gazette specify, the Minister shall appoint one or more tribunals each of three persons to hold a public inquiry into such objections or representations.

(4) The Minister shall, before submitting any such plan or pro posals for the approval of the Legislature, take into consideration the objections or representations together with the reports thereon of the tri bunals, and shall include such reports with the plan or proposals sub mitted to the Legislature.

(5) Where a Municipality objects to any such draft plan or pro posals in so far as they relate to land within the municipal limits of that Municipality, that Municipality may include in its representations to the persons holding such inquiry alternative draft plans or proposals in rela tion to such land and, in that event, such alternative draft plans or pro posals shall be included in the report of the Minister submitted to the Legislature unless modifications in the development plan submitted by the Minister to the Legislature take account of such alternative draft plans or proposals to the satisfaction of that Municipality.

(6) Where any such plan proposes any variation to a zoning or der, the owners of all land comprised in such zoning order shall be noti fied of the proposed variation by the Minister by notice in the Gazette within one week after the publication of the plan pursuant to subsection (2); and such notification shall set out the right of the owner to object or make representations.

(7) If as the result of any objection or representation consid ered, or public inquiry held, in connection with a development plan or proposals for amendment of such a plan the Minister is of the opinion
that a Municipality or any other authority or person ought to be con sulted before he decides to make the plan either with or without modifi cations, or to amend the plan, as the case may be, the Minister shall consult that authority or person, but he shall not be obliged to consult any other authority or person, or to afford any opportunity for further objections or representations or to cause any further public inquiry to be held.

(8) The Legislature may, by resolution of each House, approve a development plan, or proposals for the amendment of such plan either as originally prepared or as modified so as to take account of any objections or representations made under this section and the report of the Minister thereon.

(9) The approval of a development plan, or of proposals for amendment of such a plan, by the Legislature shall be published in the Gazette by the Minister and in at least one daily newspaper and copies of any such plan or proposals as approved by the Legislature shall be avail able for inspection by the public at the offices of the Minister and at such other places as the Minister may determine.

(10) Subject to section 10, a development plan, or an amend ment of a development plan, shall become operative on the date on which it is approved by the Legislature or on such subsequent date as may be specified in such plan or amendment.

Deposit of development plan

12 (1) A development plan and any amendment thereof, as ap proved by the Legislature, shall be deposited with the Minister.

(2) A copy of �

(a) each development plan and each amendment thereof deposited with the Minister under subsection (1);

(b) any draft development plan or draft local plan which is operative as a development plan or local plan in accor dance with section 10,

certified by or on behalf of the Minister to be a true copy of the original shall be available for inspection by the public at all reasonable hours on payment of such fee as may be prescribed under the Government Fees Act 1965 [title 15 item 18].

Alteration of designation, or de-designation, of land in local plan area

13 Where in any development plan any part of Bermuda is desig nated as an environmental conservation area or a special study area within the meaning of section 6(4) and the Minister considers that any land within such an area ought not to continue to be so designated, the Minister may either �

(a) by an independent order published in the Gazette ei ther�

(i) alter the designation of the land to the designa tion appertaining to adjacent land that is not so designated; or

(ii) direct that the development plan shall have ef fect as if the land had not been so designated in the first place; or

(b) in a local plan prepared in respect of the area under section 7 include provision of a kind described in para graph (a)(i) or (ii),

and where provision is made as aforesaid by an independent order or in a local plan the development plan shall, with effect from the date of the coming into force of the order or the local plan, as the case may be, have effect in relation to the area in question subject to that provision.

PART IV

CONTROL OF DEVELOPMENT OF LAND

Development requiring planning permission

14 (1) Subject to this Act, planning permission is required for any development of land that is carried out on or after 3 August 1965.

(2) In this Act, except where the context otherwise requires, "development" means the carrying out of building, engineering or other operations in, on, over or under any land, the making of any material change in the use of any building or other land or the demolition or the making of a material alteration to the external appearance of a listed building, except that the following operations or uses of land shall not be deemed for the purposes of this Act to involve development of the land�

(a) the carrying out of works for the maintenance, improve ment or other alteration of any building, if the works af fect only the interior of the building or do not materially affect the external appearance of the building unless

(5) Without prejudice to the generality of subsection (4) where planning permission is granted by a development order for the erection, extension or alteration of any buildings, the order may require the ap proval of the Board to be obtained with respect to the design or external appearance of the buildings.

(6) Any provision of a development order whereby planning permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting planning permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.

Form and content of applications

16 (1) Any application to the Board for planning permission shall be made in such manner as may be prescribed in the rules and shall in clude such particulars, and be verified by such evidence, as may be re quired by the rules or by directions given thereunder.

(2) The Board may, if they think fit, refuse to entertain an ap plication for planning permission unless it is accompanied by one or other of the following certificates in the form prescribed by the rules signed by or on behalf of the applicant�

(a) a certificate stating that, in respect of every part of the land to which the application relates, the applicant is either the estate owner in respect of the fee simple or is entitled to a tenancy thereof;

(b) a certificate stating that the applicant has given notice of the application to all the persons (other than the appli cant) who, at the beginning of the period of twenty-one days ending with the date of the application, were own ers of any of the land to which the application relates, and setting out the names of those persons, the ad dresses at which notice of the application was given to them respectively, and the date of service of each such notice;

(c) a certificate stating that the applicant is unable to issue a certificate in accordance with paragraph (a) or (b), that he has given notice of the application to such one or more of the persons mentioned in paragraph (b) as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to them respectively, and the date of the service of each such notice), that he has taken such steps as are rea sonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so;

(d) a certificate stating that the applicant is unable to issue a certificate in accordance with paragraph (a), that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in paragraph (b) and that he has been unable to do so.

(3) Any person who issues any certificate which purports to comply with the requirements of this section and which contains a statement which he knows to be false or misleading in a material partic ular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, commits an offence:

Punishment on summary conviction: a fine of $500.

(4) In this section "owner", in relation to land, means a person who is for the time being the estate owner in respect of the fee simple thereof or is entitled to a tenancy thereof granted or extended for a term of years certain of which not less than ten years remain unexpired, and includes a life tenant.

Determination of applications

17 (1) Subject to this Act, where application is made to the Board for planning permission, the Board may grant permission either uncon ditionally or subject to such conditions as they think fit or may refuse permission and, in the exercise of their discretion under this section the Board

(a) shall not grant planning permission which would result in development at variance with this Act, a development plan, the regulations, a zoning order, a municipal bye-law or other statutory provision, to the extent that the same may be relevant to the application;

(b) shall have regard to any other relevant consideration.

(2) In determining any application for planning permission the Board shall take into account any representations relating to the appli-
cation which are received by them during such period as may be deter mined in accordance with the regulations.

Conditional grant of planning permission

18 (1) Without restricting the generality of section 17, conditions may be imposed on the grant of planning permission thereunder �

(a) for regulating the development or use of any land under the control of the applicant (being land contiguous to the land that is the subject of the application) or requiring the carrying out of works on any such land, so far as appears to the Board to be expedient for the purposes of or in connection with the development authorized by the permission;

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

(2) Any permission granted subject to any such condition as is mentioned in subsection (1)(b) is in this Act referred to as permission granted for a limited period only.

(3) Planning permission shall be deemed to be granted subject to a condition suspending the effect of such permission during �

(a) the period limited by the rules for the service of notice of appeal under section 57(2) and, thereafter, in the event of such service, until the final determination or aban donment of the appeal;

(b) in the case of planning permission granted by a Munici pality, during the period during which appeal may be made to the Board under section 58(1) and, thereafter, in the event of the making of an appeal, until the final determination or abandonment of the appeal.

Decision of Board to be final

19 Subject to Parts VII and IX, the decision of the Board on any ap plication for the grant of planning permission shall be final.

Permission to retain buildings or works or continue use of land

20 (1) An application for planning permission may relate to build ings or works constructed or carried out, or a use of land instituted, be fore the date of the application, whether�

(a) the buildings or works were constructed or carried out, or the use instituted, without planning permission or in accordance with planning permission granted for a lim ited period; or

(b) the application is for permission to retain the buildings or works, or continue the use of the land, without com plying with some condition subject to which a previous planning permission was granted.

(2) Any power to grant planning permission to develop land under this Act shall include power to grant planning permission for the retention on land of buildings or works constructed or carried out, or for the continuance of a use of land instituted, as mentioned in subsection (1); and references in this Act to planning permission to develop land or to carry out any development of land, and to applications for such per mission, shall be construed accordingly.

(3) Any planning permission granted in accordance with sub section (2) may be granted so as to take effect from the date on which the buildings or works were constructed or carried out, or the use was in stituted, or (in the case of buildings or works constructed or a use insti tuted in accordance with planning permission granted for a limited pe riod) so as to take effect from the end of that period, as the case may be.

Effect of planning permission

21 (1) Without prejudice to the provisions of this Act as to the du ration, revocation or modification of planning permission, any grant of planning permission to develop land shall (except in so far as the per mission otherwise provides) enure for the benefit of the land of all per sons for the time being interested therein.

(2) Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used; and if no purpose is so specified, the permission includes permission to use the building for the purpose for which it is designed.

Registers of applications and decisions

22 (1) The Minister shall keep, in such manner as he may deter-

development has been begun within the period but the period has elapsed without the development having been completed the Minister may, if he is of the opinion that the development will not be completed within a reasonable period, serve a notice (hereinafter in this section re ferred to as a "completion notice") stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice, being a period of not less than twelve months after the notice takes effect.

(2) A completion notice shall be served on the owner and occu pier of the land and on any other person whom in the opinion of the Minister will be affected by the notice.

(3) If, within such period as may be specified in a completion notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires the Minister shall afford to that person an opportunity of appearing before, and being heard by, a person appointed by the Minister for the purpose and the Minister may then, after receiving the report of the person so appointed, if he thinks fit, confirm, vary or revoke the completion notice.

(4) The planning permission referred to in a completion notice shall at the expiration of the period specified in the notice, whether the original period specified in subsection (1) or a longer period substituted by the Minister under subsection (3), lapse.

(5) Where by reason of subsection (4) any planning permission lapses, the Minister may, upon giving not less than fourteen days' notice to the persons upon whom the completion notice was served, enter upon the land and take such steps as may to him seem necessary, whether by the removal of any building or structure or by the execution of any works, to restore the land to its state previous to the grant of such plan ning permission or to render any building or structure erected or works undertaken in accordance therewith safe or sightly, and the Minister may further recover as a debt owing to the Crown in any court of com petent jurisdiction from the person who is then the owner of the land any expenses reasonably incurred by him in taking such steps.

Revocation and modification of planning permission

25 (1) Subject to this section, if it appears to the Minister that it is expedient, having regard to the development plan and to any other mate rial considerations, that any planning permission should be revoked or modified, he may by order revoke or modify the permission to such ex tent as appears to him to be expedient as aforesaid.

(2) The power conferred by this section to revoke or modify planning permission may be exercised �

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

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

Provided that the revocation or modification of planning permis sion 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 planning permission to develop land is revoked or modified by an order made under this section (otherwise than with the consent of the owner and occupier of such land) then if, on a claim made to the Minister within six months of the making of the order, it is shown that any person interested in the land has incurred expenditure in car rying out work that is rendered abortive by the revocation or modifica tion, or has otherwise sustained loss or damage that is directly at tributable to the revocation or modification, the Minister shall pay to that person compensation in respect of that expenditure, loss or damage.

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

(5) For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work or upon other matters preparatory thereto shall be deemed to be included in the ex penditure incurred in carrying out that work, but except as aforesaid no compensation shall be paid under this section in respect of any work carried out before the grant of the planning permission that is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of the depreciation in value of an interest in land) arising out of anything done or omitted to be done before the grant of that planning permission.

(6) Where the planning permission that is revoked or modified by an order under this section is planning permission for which compen sation would be payable under Part VII in the circumstances therein mentioned, Part VII shall apply as if for references in section 43 to the refusal of the planning permission or the imposition of conditions on the grant thereof there were substituted references to the revocation of per mission or the modification thereof by the imposition of conditions.

(7) Where, by virtue of this section, compensation is payable in respect of expenditure incurred in carrying out any work on land, then if the Minister purchases any interest in that land, or a claim for compen sation is made in respect of any such interest under section 43, any compensation payable in respect of the acquisition of that interest or, as the case may be, any compensation payable in respect of the interest under section 43, shall be reduced by an amount equal to the value of the works in respect of which compensation is payable under this sec tion.

PART V

SPECIAL PROVISION IN CERTAIN CASES

Conditions requiring preservation or planting of trees

26 The Board shall ensure whenever it is appropriate, that in granting planning permission for any development adequate provision is made, by the imposition of conditions, for the preservation or planting of trees or shrubs.

Tree preservation order

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

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

(b) for securing the replanting, in such manner as may be prescribed by or under the order, of any part of a wood land area that is felled in the course of forestry opera tions permitted by or under the order;

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

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

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

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

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

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

(3) Notwithstanding subsection (2), where it appears to the Minister that any tree preservation order should take effect immediately, he may make the order provisionally without complying with the re quirements of any regulations with respect to the consideration of objec tions and representations, but any order so made shall cease to have ef fect upon the expiration of two months from the date on which it is so made unless within that period it has again been made, with or without modifications, after compliance with those requirements.

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

(5) Any person who contravenes a tree preservation order commits an offence:

Punishment on summary conviction: a fine of $500 and, in case of a continuing offence, a further fine $25 for every day after the first day

ity under this Act so long as those powers are exercised in accordance with the provisions of this Act or any de velopment plan; or

(b) require the exercise of any such powers otherwise than as mentioned in paragraph (a).

PART VI

SUBDIVISIONS

Meaning of subdivision

35A In this Act, "subdivision" means

(a) any conveyance of land by way of a deed or transfer,

(b) the granting, assigning or exercising of a power of appointment with respect to land,

(d) the entering into of an agreement of sale and purchase of land, or

(e) the entering into any agreement which has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more;

and "person subdividing" shall be construed accordingly.

Planning permission required for subdivision

35B (1) Subject to this section, planning permission is required for any subdivision of land.

(2) Planning permission for subdivision of land is not required

(a) where the person subdividing does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment with respect to, any land abutting the land that is being subdivided;

(b) where the land or any use of or right therein is being acquired or disposed of by the Government; or

(c) where the land or any use of or right therein is being acquired solely for the purpose of providing a right of way to a statutory undertaker for a transmission line, pipe, or a pipeline and associated works;

but in the case mentioned in paragraph (b), a final plan of subdivision shall, on completion of the transaction, be submitted to the Minister by the Minister responsible for the land in question.

(3) Subdivision in contravention of subsection (1) shall not create or convey any interest in land; but this subsection shall not affect an agreement entered into subject to the express condition contained therein that such agreement is to be effective only if planning permission is obtained.

Application for planning permission to subdivide

35C (1) Application may be made in such manner as may be prescribed by the rules for planning permission to subdivide land.

(2) In considering an application for planning permission under this section, the Board shall have regard to such of the following as may be relevant�

(a) whether the plan conforms to the development plan for the area;

(b) whether the proposed subdivision is premature or necessary in the public interest;

(d) the number, width, location and proposed grades and elevations of roads, and the adequacy thereof, and the roads linking the roads in the proposed subdivision with the established road system in the vicinity, and the adequacy thereof;

(e) the dimensions and shape of any lots of land;

(f) the restrictions or proposed restrictions, if any, on the land, buildings and structures proposed to be erected thereon and the restrictions, if any, on adjoining lands;

(g) the conservation of the visual amenities of the area;

(h) the adequacy of utilities and services;

(i) the area of land, if any, within the subdivision that, exclusive of highways, is to be conveyed or dedicated for public or community purposes.

(3) The Board may impose such conditions on the grant of planning permission as in its opinion are advisable.

(4) Without restricting in any way whatsoever the generality of
subsection (3), the Board may, in particular, impose as a condition when the subdivision abuts on an existing road that sufficient land, other than land occupied by buildings or structures, shall be dedicated to provide for the widening of the road to such width as the Board, after consulting with the Minister responsible for public roads, considers necessary.

(5) Planning permission for the draft plan of subdivision shall expire at the end of the period of three years beginning with the date of its grant; accordingly, an application for planning permission based on a final plan of subdivision must be submitted within that period.

(6) Part X of this Act shall apply with the necessary modifications in relation to failure to comply with a condition imposed by the Board under subsection (3) or (4) as it applies to failure to comply with any condition subject to which planning permission to develop land was granted.

Registration of planning permission to subdivide

35D (1) When the Board has granted planning permission based on a final plan of subdivision under section 35C, the Minister shall register that plan on the register kept under section 22.

(2) Planning permission by reference to a registered plan of subdivision shall continue to have effect until superseded by the registration under subsection (1) of any subsequent plan relating to the same land.

(3) But a registered plan of subdivision which indicates details of any planning permission

(a) previously registered under subsection (1), or

(b) deemed by section 5(2) of the Development and Planning Amendment Act 1997 to have been so registered,

shall not have the effect of superseding any such permission.

[Sections 35 and 36 substituted by 1997 : 3 effective 1 April 1997]

More than one building on land prior to 3 August 1965

37 Notwithstanding any development plan, development order or any zoning order, permission under this Part may be granted to subdi vide land where it is established to the satisfaction of the Board �

(a) that more than one building (not being a building ancil lary to another) existed on such land before 3 August 1965;

(b) [Repealed by 1997 : 3]

[Section 37 amended by 1997 : 3 effective 1 April 1997]

Subdivisions approved before 27 June 1974

38 [Repealed by 1997 : 3]

[Section 38 repealed by 1997 : 3 effective 1 April 1997]

Certain subdivisions of buildings not to require planning permission

39 Where permission to subdivide land would otherwise be required under this Part but the land to be subdivided consists only of part of a building (and no other land) nothing in this Part shall operate so as to require planning per mission to be obtained before such subdivision may be effected.

[Section 39 amended by 1997 : 3 effective 1 April 1997]

Certain persons not affected by section 35

40 (1) Nothing in section 35B shall prevent the sale of any land ("the land") by a person retaining abutting land where either �

(a) that person �

(i) is a trustee, estate representative or mortgagee selling the land within his powers as trustee, estate representative or mortgagee in relation to that land; and

(ii) retains the abutting land otherwise than in the character of trustee, estate representative or mortgagee, as the case may be, in relation to the land sold; or

(b) that person's interest in the land is different from his interest in the abutting land; or

(c) that person's interest in the land is the same as his in terest in the abutting land, but another person has an interest in either the land or the abutting land but not both.

(2) In this Part �

"interest", in relation to abutting land, means an interest of a kind described in section 35B(1)(a);

"retain abutting land" means to retain an interest in abutting land; and

"sell", in relation to land, means to convey it or deal with it in any of the other ways mentioned in section 35A, and grammatical variations of "sell", and cognate expressions, shall have corresponding meanings.

[Section 40 amended by 1997 : 3 effective 1 April 1997]

Sale of pre-1974 lots not to require subdivision approval

41 (1) Nothing in section 35B shall prevent the sale of the whole of an existing lot, and the whole of such a lot shall be capable of being sold by any person (whether or not retaining abutting land) at any time, notwithstanding that section.

(2) Notwithstanding subsection (1), development of an existing lot shall not be made save pursuant to and in accordance with planning permission granted in respect of that development

(3) In this section "existing lot" means any parcel of land which on 26 June 1974 was held by a single title.

[Section 41 amended by 1997 : 3 effective 1 April 1997]

Retroactive effect of planning permission in certain cases

42 (1) Notwithstanding section 35B(3), where�

(a) any person agrees to sell, or purports in good faith to sell, land in relation to whose sale planning permission for subdivision is required; and

(b) the agreement or purported sale would be lawful and effective if such planning permission had been granted; and

the grant of planning permission shall operate to make the agreement or purported sale valid and effectual for all purposes.

(2) Where planning permission affects land by virtue of subsection (1), it shall have effect as provided in that subsection in relation to any transaction made in relation to the land, whether so made before or after the grant of planning permission and by whomever so made.

[Section 42 substituted by 1997 : 3 effective 1 April 1997]

PART VII

COMPENSATION FOR REFUSAL OR CONDITIONAL GRANT OF PLAN NING PERMISSION

Entitlement to compensation

43 Subject to this Part, a person shall be entitled to compensation under this Part in respect of a decision of the Board whereby planning permission for the carrying out of development of land is refused, or is granted subject to conditions, if �

(a) the value of his interest in that land is depreciated by the decision; and

(b) he or his predecessors in title have not previously re ceived compensation under this Act or under Part IV of the Development and Planning Act 1965 in respect of that land,

and the amount of the compensation shall be the amount by which the value of that interest is depreciated by that decision.

Planning decisions not ranking for compensation

44 (1) Subject to any regulations under section 54 compensation under this Part shall not be payable in respect of the refusal of planning permission �

(a) for any development that consists of or includes the making of any material change in the use of any building or other land;

(b) to develop land if the refusal or one of the reasons stated for the refusal is that development of the kind proposed would be premature by reference to either or both of the following matters�

(i) the order of priority, if any, indicated in the de velopment plan for the area in which the land is situated for development in that area;

(ii) any existing deficiency in the provision of roads, water supplies or sewerage services, and the pe riod within which any such deficiency may rea sonably be expected to be made good;

(c) to develop land if the reason or one of the reasons stated for the refusal is that the land is unsuitable for the pro posed development on account of its liability to flooding or to subsidence;

(d) subject to subsection (2), to develop land where the grant of planning permission would be contrary to any development plan;

(e) to develop land where the grant of planning permission would be contrary to this Act, or any regulation, munici pal bye-law, zoning order or other provision of law;

(f) subject to subsection (2), to develop land in a manner which is not ordinarily permitted by a development plan in the area where the land is situated notwithstanding that there is a discretion vested in the Board by such plan to permit such development;

(g) to develop land situated within an area designated in a development plan as an environmental conservation area or as a special study area pending the coming into force of a local plan relating to such area if the refusal of planning permission takes place within a period of two years from the date upon which the land was first so designated, and if the refusal or one of the reasons stated for the refusal is that the development of the kind proposed might prejudice the operation of a future local plan;

(h) subject to subsection (2), to develop land in an area designated in a development plan as one reserved prin cipally for the accommodation of tourist facilities if the refusal or one of the reasons given for the refusal is that it is desirable that the land be reserved for the future accommodation of tourist facilities;

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forcement notice are adjourned at the request of an aggrieved party, no account shall be taken, in assessing the damages which may be recov ered under this subsection, of any such period of adjournment.

(7) An appeal under subsection (5) is a civil cause or matter for the purposes of the Civil Appeals Act 1971 [title 8 item 85].

Supplementary provisions as to enforcement

64 (1) If within the period specified in an enforcement notice, or within such extended period as the Minister may allow, any steps re quired by the enforcement notice to be taken (other than the discontinu ance of any use of land) have not been taken, the Minister may enter on the land and take those steps, and may recover as a debt owing to the Crown in any court of competent jurisdiction from the person who is then the owner of the land any expenses reasonably incurred by the Minister in that behalf; and if that person, having been entitled to appeal to the court under section 62 or 63 failed to make such an appeal, he shall not be entitled in proceedings under this subsection to dispute the validity of the action taken by the Minister upon any ground that could have been raised by such an appeal.

(2) Any expenses incurred by the owner or occupier of any land for the purpose of complying with an enforcement notice served under section 62 in respect of any development, and any sums paid by the owner of any land under subsection (1) in respect of the expenses of the Minister in taking steps required to be taken by such an enforcement notice, shall be deemed to be incurred or paid for the use and at the re quest of the person by whom the development was carried out.

(3) Where by virtue of an enforcement notice (which in this subsection includes a special enforcement notice) any use of land is re quired to be discontinued or any conditions are required to be complied with in respect of any use of land or in respect of the carrying out of any operations thereon, any person who, without the grant of planning per mission, uses the land or cause or permits the land to be used, or carries out or causes or permits to be carried out those operations, in contra vention of the enforcement notice, commits an offence:

Punishment on summary conviction : imprisonment for 6 months or a fine of $1,000 or both such imprisonment and fine and, in the case of continuing offence, a further fine of $200 for every day after the first day during which the contravention of the enforcement notice is so contin ued.

(4) Nothing in this Act shall require planning permission to be obtained for the use of any land for the purpose for which it could law fully have been used under this Act if the development in respect of which an enforcement notice is served under section 62 or 63 had not been carried out.

Penalties for failure to comply with enforcement notices

65 (1) Where any steps (other than the discontinuance of any use of land) required by an enforcement notice that has been served pur suant to section 62 or 63 have not been taken within the period specified in the notice for compliance with the notice or within any lawful exten sion of that period, the following provisions of this section shall have ef fect for the purpose of enforcing the notice.

(2) Where the notice was served on the owner of the land �

(a) the owner ("the original defendant") may be prosecuted summarily under this paragraph for the failure to take the steps referred to in subsection (1) and, if it is proved to the court that those steps have not been taken, he shall, subject to paragraphs (b) and (c), be liable to a fine not exceeding one thousand dollars for the failure and, in the case of a continuing failure, to a further fine not exceeding two hundred and fifty dollars for every day after the first day during which the requirements of the enforcement notice (other than the discontinuance of any use of the land) remain unfulfilled;

(b) if the original defendant ceased to be the owner of the land at any time before the expiry of the period referred to in subsection (1), he shall, if he gives the court not less than three clear days notice in writing of his inten tion to act under this paragraph, be entitled to have the person who then became the owner of the land ("the sec ond defendant") summoned and brought before the court to be tried for the failure; and

(c) if the original defendant proves to the court that he took all reasonable steps available to him to secure compli ance with the notice he shall be acquitted; and if the court determines that the failure to comply with the no tice was due to the default of the second defendant, it shall find him guilty of the failure and shall thereupon have the same power to punish the second defendant as it would have had to punish the first defendant if it had
found the first defendant guilty under paragraph (a).

(3) Where the notice was served on a person who was in occu pation of land without being the owner of the land, subsection (2)(a) ex cluding the references in subsection (2)(a) to paragraphs (b) and (c) shall apply in relation to him as if he were the owner unless he satisfies the court that in his circumstances (including in particular the nature and quality of his occupation of the land) his failure or refusal himself to comply with the requirements of the notice was justified.

Continuing operation of enforcement notices

66 (1) Compliance with an enforcement notice, whether as re spects �

(a) the demolition or alteration of any building or work; or

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

shall not discharge the enforcement notice.

(2) Without restricting the generality of subsection (1), where any development is carried out on land by way of reinstating or restoring buildings or works that have been demolished or altered in compliance with an enforcement notice, the enforcement notice shall, notwithstand ing that its terms are not apt for the purpose, be deemed to apply in re lation to the buildings or works as reinstated or restored as it applied in relation to the building or works before they were demolished or altered and section 64(1) and (2) apply accordingly.

(3) Without affecting the operation of section 65, a person who carries out any development on land by way of reinstating or restoring buildings or works that have been demolished or altered in compliance with an enforcement notice commits an offence:

Penalty on summary conviction: a fine of $1,000.

Maintenance of waste land

67 (1) If it appears to the Minister that the amenity of any area is injured by the condition of any building or land in the area, the Minister may serve on the owner of the land or the person in occupation of the land a notice requiring such steps for abating the injury as may be so specified.

(2) In relation to any notice served under this section, section 62(4) to (9), inclusive, and sections 64, 65 and 66 shall, subject to such exceptions and modifications as may be prescribed by regulations under section 54 apply as those provisions apply in relation to an enforcement notice served under section 62.

Unauthorized excavation, site preparation and development

68 (1) No person shall �

(a) undertake any quarrying operations;

(b) make any excavation upon any land preparatory to the commencement of any building or engineering opera tions; or

unless planning permission for such operations has been granted under this Act.

(2) No person shall undertake any development on any land unless planning permission for such development has been granted un der this Act.

(3) Nothing in subsections (1) or (2) shall apply to any works carried out for the purposes specified in section 14(2)(a), (b) or (c) or in accordance with such use of land as is specified in section 14(2)(e) or (f).

(4) Any person who �

(a) contravenes subsection (1); or

(b) being the owner or person in occupation of any land, authorizes or acquiesces in the doing by any person of an act which such person is prohibited from doing upon such land under subsection (1)

commits an offence:

Punishment on summary conviction: a fine of $25,000.

(5) Any person who �

(a) contravenes subsection (2);

(b) being the owner or person in occupation of any land authorizes or acquiesces in the doing by any person of an act which such person is prohibited from doing upon such land under subsection (2),

commits an offence:

Punishment on summary conviction: a fine of $25,000.

(6) Where in any prosecution of an owner or person in occupa tion of land for an offence under subsections (4) or (5) it is established that any person has done an act upon such land which such person is prohibited from doing under subsections (1) or (2), whether or not such person has been convicted for any offence in respect thereof, the owner or person in occupation as the case may be, shall be deemed to have authorized or acquiesced in the doing of such act unless it is established by such owner or person in occupation that the act took place �

(a) without his knowledge; or

(b) without his authority or connivance and that he took such steps as were reasonable in the circumstances to prevent it.

(7) Conviction for an offence under this section shall not relieve the person convicted of the necessity for complying with an enforcement notice served under section 62 or 63.

Site excavation licences

69 (1) No person shall commence any work of a kind described in section 68(1) (in this section called "site excavation work") unless either a planning permission has been issued expressly authorizing the com mencement of that work or there is a licence in force under this section authorizing the commencement of that work.

(2) This section shall have effect in addition to section 68(1) or any other law requiring a permit or other permission of any kind for, or otherwise restricting, site excavation work, and shall not derogate from that subsection or any such law.

(3) A person who contravenes subsection (1) commits an of fence:

Punishment on summary conviction: a fine of $25,000.

(4) A person desiring to commence site excavation work where the planning permission does not include express authority for the com mencement of site excavation work shall, before he commences that work, apply for a licence under this section to the Director by a letter which �

(a) describes the work; and

(b) establishes that planning permission in relation to the work was granted either to him or to some other person who has authorized him to carry out the work, in the latter case enclosing evidence of that authority.

(5) Where application for a licence is properly made to the Di rector under subsection (4), he shall issue the licence in accordance with subsection (6) within fourteen days of the date on which he received the application.

(6) A licence under this section �

(a) shall specify the name of the person or persons who will do the work;

(b) shall describe the work that is to be done, but so that the description shall accord with the terms of the plan ning permission; and

(c) may contain such terms and conditions as the Director considers to be needed for ensuring that the work will be done lawfully and properly.

(7) If the Director either �

(a) fails or refuses to issue a licence under this section; or

(b) issues a licence which includes a term or condition to which the applicant for the licence objects,

the applicant for the licence may appeal to a court of summary jurisdic tion �

(aa) in the case of a failure to issue a licence, within twenty-one days of the time fixed by subsection (5) for the issue of the licence; or

(bb) otherwise within twenty-one days of �

(i) the date on which the applicant received notification of the Director's refusal to issue the licence; or

(ii) the date on which the applicant received the licence,

whichever earlier occurs; and upon such an appeal the court shall have all the powers conferred upon the Director by this section and may, in addition, make such order as to the costs of the appeal as the court thinks fit.

(8) The decision of the court on an appeal under subsection (7) shall be final.

PART XI

SUPPLEMENTAL

Powers of entry

70 (1) Any person duly authorized in writing by or on behalf of the Minister may, at any reasonable time, enter upon any building or other land for the purpose of inspecting it, examining it, surveying it or esti mating its value, in connection with �

(a) the preparation, approval, making or amendment of a development plan relating to the land under Part Ill, in cluding the carrying out of any survey under that part;

(b) any application under this Act or any rule, order or reg ulations thereunder, for any permission, consent or de termination to be given or effected in relation to that or any other land under this Act or under any such rule, order or regulations;

(c) any proposal by the Minister to serve or make any notice or order under Part X or under any such rule, order or regulations as aforesaid;

(d) any claim for compensation payable by the Minister un der this Act,

or where there are reasonable grounds for believing that any contraven tion of this Act, or of the regulations under Part VIII, has taken place.

(2) A person authorized under this section to enter upon any land shall, if so required, produce evidence of his authority before so entering.

(3) Any person who wilfully obstructs a person acting in the ex ercise of his powers under this section commits an offence:

Penalty on summary conviction: a fine of $500.

Service of notice

71 (1) Subject to this section, any notice or other document re quired or authorized to be served or given under this Act, or under any rule, regulation, order, direction, or instrument in writing made under this Act, may be served or given either �

(a) by delivering it to the person on whom it is to be served or to whom it is to be given; or

(b) by leaving it at the usual or last known place of abode of that person, or, in a case in which an address for service has been furnished by that person, at that address; or

(c) by sending it in a prepaid registered letter addressed to that person at his usual or last known place o abode, or, in a case in which an address for service has been fur nished by that person, at that address; or

(d) in the case of a body corporate by delivering it to the secretary or clerk of the body corporate at their regis tered or principal office, or sending it in a prepaid regis tered letter addressed to the secretary or clerk of the body corporate at that office.

(2) Where the notice or document is required or authorized to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorized to be served on any person as the owner or occupier of premises, the notice shall be deemed to be duly served if �

(a) being addressed to him either by name or by the de scription of "the owner" or "the occupier", as the case may be, of the premises (describing them) it is delivered or sent in the manner prescribed by subsection (1)(a), (b) or (c); or

(b) being addressed as aforesaid and marked in such man ner that it is plainly identifiable as a communication of importance, it is sent in a prepaid registered letter to the premises and is not returned to the authority sending it, or is delivered to some person on those premises or is affixed conspicuously to some object on that land.

(3) Where the notice or other document is required to be served on or given to a person having an interest in or being the owner or occu pier of any land that notice shall be deemed to be duly served on all per sons having interests in, and on any owner or occupier of, the land (other than a person who has furnished an address for the service of the notice on him) if it is addressed to him by the description of "the owner" or "the occupier", as the case may be, of the land (describing it) and is affixed conspicuously to some object on that land.

Powers to require information

72 The Minister may, for the purpose of enabling him to make any order or serve any notice or other document that he is by this Act authorized or required to make or serve, require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises, to state in writing the nature of his interest therein and the name and address of any other person known to him as having an interest therein, whether as the holder of a freehold estate, mortgagee, lessee or otherwise, and any person who, having been re quired in pursuance of this section to give any information, fails to give that information, or knowingly makes any mis-statement in respect thereof, commits an offence:

Penalty on summary conviction: a fine of $200.

Application to land regulated by special enactments

73 The provisions of this Act, and any restrictions or powers thereby imposed or conferred in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made by any Act or statutory instrument in force on 18 June 1974, or authorizing or regu lating any development of the land.

Unfinished buildings

74 (1) Subject to this section, where any works for the erection or alteration of a building have been begun but not completed before 3 Au gust 1965, then if any permission required under the Building and Land Development (Control) Rules 1948, for the carrying out of these works has been granted, planning permission shall, by virtue of this section, be deemed to have been granted under this Act in respect of the completion of those works.

(2) The permission deemed to have been granted by virtue of this section shall be deemed to have been so granted subject to any con ditions imposed by the permission granted under the Building and Land Development (Control) Rules 1948, and shall include permission to use the building when erected or altered for the purpose for which the building, or the building as altered, is designed.

(3) Works shall not be deemed to have begun for the purposes of subsection (1) if the only works commenced before 3 August 1965 were works of excavation or of site clearance.

Zoning Orders

75 Any zoning order made under the Building and Land Develop ment (Control) Rules 1948, and in force on 3 August 1965 shall continue to have effect subject to the provisions of this Act, any regulations there under, and to any development plan.

[see for example Hamilton Building Ordinance 1954 article 11 [title 4 item 1(d)]

Municipal Bye-laws

76 (1) In the event of any conflict between a development plan or a regulation made under this Act, and any ordinance made under the Mu nicipalities Act 1923 [title 4 item 1], the plan or regulation, as the case may be, shall prevail.

(2) Planning permission granted under this Act for any devel opment of land shall dispense with the necessity of obtaining approval for such development under any such ordinance as is mentioned in sub section (1); but subject to that subsection, any such development shall conform to the other requirements of any such ordinance.

(3) Notwithstanding subsection (2), where any approval, con sent or authorization (including approval, consent or authorization of or to the waiver of any such ordinance as is mentioned in subsection (1) in accordance with the terms thereof) may be given by a Municipality or any person acting for such authority under any such ordinance, and such approval, consent or authorization is necessary in order to render effec tive planning permission granted under this Act, then the Board may give such approval, consent or authorization; and any reference in any such ordinance to a Municipality or any person acting for such authority shall, in relation to such approval, consent or authorization, include a reference to the Board.

(4) The Board or a Municipality acting under this Act may refuse permission for any development of land on the grounds that such development would be in contravention of any such ordinance as is mentioned in subsection (1).

Acquisition of land

77 (1) Where any land is designated in a development plan as subject to acquisition by the Government or may otherwise be acquired by the Government under this Act, such land may be acquired by the Government under the Acquisition of Land Act 1970 [title 19 item 20] and the acquisition of such land shall, for the purposes of section 2(1) of that Act, be deemed to have been expressly authorized by the Legislature.

(2) Nothing in this section shall be deemed to prevent the ac quisition by agreement of any land mentioned in subsection (1).

Rules

78 (1) The Minister may make rules for the better carrying out of this Act and for giving effect thereto and, in particular, such rules may�

(a) prescribe the form of any notice, order or other docu ment authorized or required by this Act to be served, made or issued;

(b) require claims for compensation under Part VII to be made in a form prescribed therein;

(c) require a claimant for compensation under Part VII to provide the Minister with such evidence in support of the claim, and such information as to the interest of the claimant in the land to which the claim relates, and as to the interests of other persons therein that are known to the claimant, as may be so prescribed;

(d) prescribe the manner in which any hearing under this Act is to be conducted; and�

(i) the persons entitled to be given notice of the hearing;

(ii) the persons entitled to be heard at the hearing whether orally or by the submission of written representations or evidence;

(iii) the powers and duties of the person conducting the hearing;

(e) require the public notification of applications for plan ning permission, the grant of which may affect neigh bouring landowners, the right of objection of such landowners to the decision of the Board or Municipality, and the right of appeal of objectors;

(f) require the Board, before granting or refusing planning permission, to consult with such authorities or persons as may be prescribed by the rules or by directions given by the Minister thereunder;

(g) require the Board to give to any applicant for planning permission, within such time as may be prescribed by the rules, such notice as may be so prescribed as to the manner in which his application has been dealt with;

(h) prescribe any matters required or permitted by the Act to be prescribed by the rules.

(2) The negative resolution procedure shall apply to rules made under this section.

Offences by Corporations

79 Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any default on the part of, a di rector, manager, secretary or other similar officer of the body corporate, or any person who is purporting to act in any such capacity, he, as well as the body corporate commits that offence and is liable to be proceeded against accordingly.

Repeals and savings

80 [omitted]

Commencement

81 [omitted]

[this Act was brought into operation on 27 June 1974 by GN 244/74]

[the Development and Planning Act 1965 (now repealed) was brought into operation on 3 August 1965]

FIRST SCHEDULE (Section 3)

DEVELOPMENT APPLICATIONS BOARD

1 Any person appointed to be a member of the Board shall hold of fice during the Minister's pleasure and unless his appointment is earlier terminated it shall be deemed to terminate one year from the date upon which such appointment took effect.

2 A member of the Board may resign his office at any time by no tice in writing given to the Minister.

3 The Board shall meet at such times as may be necessary or ex pedient for the transaction of business, and such meetings shall be held at such places and times and on such days as the Board may determine.

4 The quorum of the Board shall consist of a majority of the mem-
bers currently present in Bermuda but not, in any event, less than four.

5 There shall preside at any meeting of the Board�

(a) the Chairman; or

(b) in the absence of the Chairman, the Deputy Chairman; or

6 Any question proposed for a decision by the Board shall be de termined by a majority of the votes of the members present and voting at a meeting of the Board at which a quorum is present; each member pre sent shall have one vote on a question proposed for decision by the Board and, in the event of an equality of votes, the person presiding at the meeting shall have, in addition to a deliberative vote, a second vote.

7 Minutes in proper form shall be kept and shall be confirmed by the person presiding as soon as practicable at a subsequent meeting.

8 A decision or an act of the Board shall not be rendered invalid by reason only �

(a) that there is a vacancy in the membership of the Board or a defect in the appointment of a member;

(b) by reason of the presence of the Director or other public officer during the deliberations of the Board and his participation in such deliberations.

9 (1) A person appointed to fill the place of a member before the end of the member's term of office shall hold office so long only as the vacating member would have held office.

(2) Where the place of a member becomes vacant before the end of his term of office and the unexpired portion of his term of office is less than three months, the vacancy need not be filled.

10 The Board may appoint sub-committees from among their mem bers and every such sub-committee shall consist of a Chairman and such number of sub-committee members as the Board may, in each case, determine, who shall hold office on the sub-committee for such pe riod and on such terms as the Board may determine.

11 Notwithstanding anything contained in this Act the Board may, with the consent in writing of the Minister, authorize a sub-committee of the Board to perform any of their functions under this Act or other statutory provision; and the act of any sub-committee so authorized to perform any function of the Board shall be deemed to be an act of the Board when such sub-committee are acting within the scope of their authority.

12 The Minister may appoint any person to act temporarily in the place of the Chairman or the Deputy Chairman or a member of the Board in the case of the absence or inability to act of the Chairman or Deputy Chairman or of such member as the case may be.

13 (1) If a member or his spouse or any company of which he is a member or shareholder has any private interest, direct or indirect, in any matter which is the subject of consideration by the Board and whereby his private interest may conflict with his duties as a member, he shall disclose the same to the Board.

(2) A member referred to in sub-paragraph (1) shall not take part in the consideration of, or vote on, any question relating to a matter mentioned in that sub-paragraph.

14 The Board shall furnish the Minister with such returns and other information with respect to the exercise by them of their functions as he may from time to time require.

15 Acts of the Board may be signified under the hand of the Chair man or such other person as the Board may authorize.

16 Where the hearing of any application to the Board has com menced and the Chairman of the Board as originally constituted or any other member of the Board as originally constituted is absent at any time prior to the decision of the Board upon such application, then in any such case as the circumstances may require �

(a) any other member may act as Chairman in the place of the said absent Chairman;

(b) any other member may act in the place of the said ab sent member,

and everything may be done by the newly constituted Board as if the Chairman or member of the Board as originally constituted had contin ued to sit.

17 Subject to the Act and the rules the Board shall have power to regulate their own proceedings.

26 specifying the manner in which any particular area of land is to be used, sub-divided, or developed, and regulating or prohibiting the construction of buildings that would interfere with the carrying out of the development scheme;

27 making available any land for agricultural, residential, commer cial industrial, or other uses of any class at any particular time;

28 the manner in which the area of land to be set aside by virtue of an agreement under section 33 is to be calculated.

THIRD SCHEDULE (Section 6(4)(b) )

MATTERS FOR WHICH STUDIES IN SPECIAL STUDY AREAS MAY PRO VIDE

1 The general improvement of an area (whether residential or commercial or industrial) that is derelict or that contains eyesores or buildings that are derelict or in danger of becoming so, or that is other wise of poor quality.

2 The improvement of an area by requiring provision to be made for�

(a) regulating the location and design including the height and fenestration of buildings;

(b) preserving or opening up views or vistas;

3 The preservation or reinforcement of the architectural character of an area.

4 The improvement in an area of community services, such as shops, and facilities such as roads and other means of access (including access to water and public open space).

FOURTH SCHEDULE (Section 28)

DESIGNATED AREAS OF SPECIAL ENVIRONMENTAL VALUE

1 Subject to paragraphs 2 and 3 of this Schedule, the extent of the protection afforded by the several heads of protection listed in section 28(1) is respectively as follows�

A: WOODLANDS PROTECTION

1 Subject to paragraphs 2 and 3, the following acts, if done wil fully, are forbidden�

(a) cutting down, topping, lopping, destroying, removing or otherwise altering a tree;

(b) destroying or removing any shrub, ground cover or other form of vegetation;

2 Paragraph 1(a) shall not apply so as to prevent a Government Department or the Bermuda Electric Light Company Limited or the Bermuda Telephone Company Limited from dealing with a tree in a manner which in the absence of planning permission would, apart from this paragraph, be forbidden by paragraph 1, being a manner of dealing with the tree�

(a) in the case of a Government Department, considered by that Department to be necessary for clearing a roadway in the exercise of a statutory power conferred upon that Department in that behalf;

(b) in the case of the Bermuda Electric Light Company Lim ited or the Bermuda Telephone Company Limited, con sidered by that Company to be necessary in relation to the construction by that Company of an electricity or telephone line or the carrying out by it of maintenance or other work on such a line.

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

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

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

[paragraph 3 amended by 1998 : 18 effective 18 June 1998]

B: AGRICULTURAL LAND PROTECTION

1 Subject to paragraph 2, the following acts, if done wilfully, are forbidden�

(a) removing, burying or demolishing topsoil;

(b) altering subsoil or substrata.

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

[heading B amended by 1998 : 18 effective 18 June 1998]

C: BEACH PROTECTION

1 Subject to paragraph 2, wilfully burying or otherwise altering any sand or gravel on a beach is forbidden.

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

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

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

[paragraph 2 amended by 1998 : 18 effective 18 June 1998]

D: CAVE PROTECTION

1 Subject to paragraph 2, wilfully defacing, filling, destroying or otherwise altering a cave is forbidden.

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

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

(b) if of the opinion�

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

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

[paragraph 2 amended by 1998 : 18 effective 18 June 1998]

E: HABITAT PROTECTION

1 Subject to paragraph 2, wilfully removing, destroying or other wise altering any substance necessary to the composition or sustenance of any flora or fauna is forbidden.

In this paragraph "substance" means soil, vegetation, rocks, sand, nest ing sites, burrows, bodies of water and waterways.

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

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

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

[paragraph 2 amended by 1998 : 18 effective 18 June 1998]

F: OTHER NATURAL FEATURES PROTECTION

1 Subject to paragraph 2, wilfully destroying, removing, disturbing or otherwise altering a natural feature is forbidden.

In this paragraph "natural features" means a natural feature specified in the development plan, not being a natural feature provided for elsewhere in this Schedule.

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

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

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

3 The Board shall be bound to grant planning permission for the doing of an act notwithstanding that the doing of the act is forbidden by paragraph 1 if either �

(a) some law requires that the act be done; or

(b) the doing of the act is necessary for preventing or abat ing a nuisance.

4 The word "alter" in paragraph 1, in relation to a thing, means to change the existing state of the thing by cutting, burying or demolishing the thing or changing in any way.

[paragraph 2 amended by 1998 : 18 effective 18 June 1998]

Bermuda Consolidated Legislation

Development and Planning Act 1974