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Physical Planning and Development Control Act (No. 25 of 2002)

The Act provides for the control of physical development, requires the preparation of physical plans for Grenada and protects the natural and cultural heritage.

Highlights

Active transparency (Section 54)

The Authority must maintain a register with any application for pemission to develop land, among others. The register must be kept at the office of the Physical Planning Unit and any person is entitled to access the information recorded free of charge and to take copies of the information on payment of the prescribed fee.

Participation in activities and projects (Section 25(4) e)

The Minister may make regulations providing for the procedures for public participation in the Environmental Impact Assessment process and public scrutiny of any report on an Environmental Impact Assessment submitted to the Authority.

Participation in plans, programmes and policies (Sections 6, 15, 16 and 17)

Planning and Development Authority: Shall be comprised of 3 members appointed by the Minister from the private sector. The Authority may co-opt any person to help in dealing with any matter and any person so co-opted is entitled to take part in the Authority's proceedings regarding the matter. When the Authority is considering a matter affecting the development of land in Carriacou or Petite Martinique, the Authority must co-opt one or more persons representative of those areas to take part in its proceedings regarding that matter.

Physical plans: In the course of the preparation, the Head must consult with any non-governmental organization which has an interest in any such matters. When a draft physical plan has been adopted, the Authority shall make copies available for public inspection at its officers or any other places considered appropriate to bring the plan to the attention of persons who are likely to be affected, directly or indirectly, by the proposals in it. The Authority must publish in the Gazette and at one newspaper in general circulation in Grenada a notice of th eplaces where and times when the draft may be inspected and must give such other publicity of the draft and of the right to make representations. Any person may make oral or written representations. The Authority must consider and forward a report on them to the Minister. The Authority must make copies of an approved plan available for inspection at its offices and for sale to the public at a reasonable price. Such provisions also apply to any modification or alteration.

Protection of natural areas: Before declaring an environmental protection area, the Authority must take reasonable steps to ensure that (i) adequate publicity is given to the proposed declaration within the area which it proposes to protect; (ii) persons who may wish to make representations are invited and given an adequate opportunity to make representations on the proposal; (iii) any representations made on the proposal are taken into account in decising whether the order should be made.

Right to appeal (Section 35)

Any person upon whom an enforcement notice has been served who is aggrieved by the enforcement notice, may at any time before the enforcement notice takes effect, appeal against the notice to a magistrate's court having jurisdiction over the place within which the land to which the notice relates is situated. A person aggrieved by a decision of a magistrate's court may appeal against that decision to the Court of Appeal.

Country

Date

13/09/2002

Last reform

03/06/2008

Type

Laws and regulations