TOWN PLANNING AND DEVELOPMENT ACT 1928 - SECT 9
This legislation has been repealed.
TOWN PLANNING AND DEVELOPMENT ACT 1928 - SECT 9
9 . Regulations as to procedure
(1) The Minister may
make regulations for regulating the procedure to be observed —
(a) with
respect to the preparation or adoption of a town planning scheme; and
(b) with
respect to obtaining the approval of the Minister to a scheme so prepared or
adopted; and
(c) with
respect to the review, variation or revocation of a scheme; and
(d) with
respect to any inquiries, reports, notices, or other matters required in
connection with the preparation or adoption or the approval of the scheme, or
preliminary thereto, or in relation to the carrying out of the scheme or
enforcing the observance of the provisions thereof, or the review, variation
or revocation of the scheme.
(2) Provision shall be
made by such regulations —
(a) for
securing that notice of the proposal to prepare or adopt a scheme shall be
given, at the earliest stage possible, to any local government interested in
the land; and
(b) for
securing that the local government of the district in which any land proposed
to be included in a scheme is situated, shall be furnished with a notice of
any proposal to prepare or adopt such a scheme, and with a copy of the draft
scheme before the scheme is made, and that such local government shall be
entitled to be heard at any inquiry held by the Minister in regard to the
scheme.
(2a) Without limiting
the generality of subsection (1) regulations made under that subsection with
regard to the variation of a scheme may require the payment by the owner of
land of the costs incurred in the publication pursuant to the regulations of
any notice prescribed therein relating to an amendment to a town planning
scheme where the amendment is made at the request of that owner and is in
respect of land owned by him.
(2b) The Minister may
make regulations with respect to the persons from whom, and the means by
which, a local government may recover expenses incurred by it in undertaking
an environmental review required by the EP Act under section 48C(1)(a) of the
EP Act.
(3) Regulations made
under this section may prescribe penalties not exceeding $5 000 for offences
against the regulations.
(4) A town planning
scheme, or an amendment to a town planning scheme, made or adopted before the
coming into operation of the Town Planning and Development Act Amendment Act
1975 1 or any act or thing done pursuant to such a town planning scheme or
amendment to a town planning scheme shall not be regarded as invalid by reason
only of one or more of the following reasons, namely —
(a)
that, in the notice of that town planning scheme or amendment to a town
planning scheme, as the case may be, the date specified by the Commission as
the date on or before which objections to the scheme or amendment could be
made was a date earlier, but not more than 7 days earlier, than the proper
date;
(b) that
the responsible authority did not accept for consideration an objection to
that town planning scheme or amendment to a town planning scheme, as the case
may be, being an objection that was made on or before the proper date but was
not made —
(i)
on or before the date specified in the notice of the
scheme or amendment; or
(ii)
more than 7 days before the proper date;
(c) that
a copy of the notice of that town planning scheme or amendment to a town
planning scheme, as the case may be, was displayed in the offices of the
responsible authority for a period, shorter, but not more than 7 days shorter,
than the prescribed period.
(5) In subsection (4)
—
“notice” , in relation to a town
planning scheme or an amendment to a town planning scheme, means the notice
notifying persons of their entitlement to make objections to that scheme or
amendment;
“prescribed period” , in relation to a
notice notifying persons of their entitlement to make objections to a town
planning scheme or amendment to a town planning scheme, means the period
prescribed by the regulations as in force at the time that notice was
displayed;
“proper date” , in relation to a town
planning scheme or an amendment to a town planning scheme, means the earliest
date that the Commission could lawfully have specified as the date on or
before which objections to that town planning scheme or amendment to a town
planning scheme could be made.
[Section 9 amended by No. 98 of 1965 s. 2; No. 113
of 1965 s. 8(1); No. 69 of 1975 s. 2; No. 120 of 1982 s. 7; No. 92 of 1985
s. 7; No. 84 of 1994 s. 55; No. 14 of 1996 s. 4; No. 23 of 1996 s. 47; No. 57
of 1997 s. 121(1), (3) and (4); No. 10 of 1998 s. 68(2).]