LAND USE AND SPATIAL PLANNING ACT, 2016 (ACT 925), SS 1-110

LAND USE AND SPATIAL PLANNING ACT, 2016 (ACT 925), SS 1-110

DATE OF ISSUE:

DATE OF GAZETTE NOTIFICATION:

AN ACT to revise and consolidate the laws on land use and spatial planning, provide for sustainable development of land and human settlements through a decentralised planning system, ensure judicious use of land in order to improve quality of life, promote health and safety in respect of human settlements and to regulate national, regional, district and local spatial planning, and generally to provide for spatial aspects of socio economic development and for related matters.

Application
1. Application

(1) This Act applies to

(a) public institutions and private institutions which are responsible for human settlement, spatial planning and use of land;

(b) a person who is responsible for

(i) the development of land;

(ii) the development of an area;

(iii) national spatial planning matters;

(iv) planning matters related to a region, a district, part of a district or a defined area;

(v) spatial development framework, structure plans, local plans, joint development schemes; and

(vi) formulating zoning regulations, planning standards and processing of land use permit;

(c) sub-divisions of land for purposes of development;

(d) the creation and delineation of districts, special towns and special development, special planning areas or any matter relating to the spatial planning or development control function;

(e) the development of land by private institutions or public institutions including physical development by entities which are exempted from planning permit compliance procedures;

(f) spatial planning and physical development issues related to preparation of plans including

(i) national spatial development plans;

(ii) regional spatial development plans which comprise among others the co-ordination of the spatial aspects of district development plans where applicable;

(iii) district spatial development plans;

(iv) joint spatial development plans;

(v) special spatial development plans; and

(vi) the division of Ghana or parts of Ghana into spatial planning districts; and

(g) matters related to land use including enforcement, appeals, complaints and administrative processes as connected to land use within the country.

The Planning System
Planning at National Level
2. Establishment of the Land Use and Spatial Planning Authority

(1) There is established by this Act a body corporate with perpetual succession to be known as the Land Use and Spatial Planning Authority.

(2) The Authority may, for the performance of its functions, acquire and hold movable and immovable property and enter into a contract or any other transaction.

(3) Where there is a hindrance to the acquisition of property, the property may be acquired for the Authority under the State Lands Act, 1962 (Act 125) and the cost shall be borne by the Authority.

3. Objects of the Authority

The objects of the Authority are to

(a) provide for sustainable development of land and human settlements through a decentralised planning system;

(b) ensure judicious use of land; and

(c) enhance the attainment of Ghana’s decentralisation programme and in particular create an enabling environment for District Assemblies to better perform the spatial planning and human settlements management functions.

4. Functions of the Authority

For the purpose of achieving its objects the Authority shall

(a) in support of the National Development Planning Commission, perform the spatial, land use and human settlements planning functions of the national development planning system established under the National Development Planning Commission Act, 1994 (Act 479) and the National Development Planning (System) Act, 1994 (Act 480);

(b) prepare and provide for the technical human settlements planning component as may be required by the National Development Planning Commission for inclusion in the national development plans or infrastructure plan prepared by the Commission pursuant to Acts 479 and 480;

(c) provide directives, issue regulatory notices, guidelines and manuals to ensure compliance with this Act;

(d) develop the capacities of the District Assemblies and other institutions for effective performance of their spatial planning and human settlement management functions;

(e) ensure efficiency in the development control function at national, regional and district levels through the decentralised governance structures;

(f) ensure that the District Assemblies in collaboration with the development institutions perform site and service programmes for the purpose of development;

(g) provide guidance on the requisite human and material resources for the performance of the spatial planning and physical development functions at all levels;

(h) ensure the control of physical development in uncontrolled or less controlled but sensitive areas such as forest reserves, nature reserves, wildlife sanctuaries, green belts, coastal wetlands, water bodies, water catchment areas, mining areas, open spaces and public parks;

(i) ensure that the exploitative use of natural resources for agriculture, mining, industry and other related activities do not adversely impact on human settlements;

(j) oversee the implementation of approved policies regarding spatial planning and physical development within the country;

(k) give guidance and monitor District Assemblies and generally advise the Minister on policy options and implementation under the Act;

(l) give directives and guidelines as appropriate on development control functions in conformity with the Act;

(m) prepare national spatial development framework plan and evaluate regional and district spatial development framework to ensure conformity with the national spatial development framework and the requirements of the Act;

(n) recommend relevant Regulations to be made by the Minister;

(o) ensure a continual review, effective planning and management of human settlements and spatial planning policies;

(p) ensure attainment of a balanced distribution of urban population and a spatially integrated hierarchy of human settlements to support the socio-economic development of the country;

(q) ensure continued revision of spatial development framework, structure and local plans to guide the development of human settlements in the country;

(r) encourage the private sector to partner the public sector in financing the development and management of human settlements and related physical development;

(s) create a regime that enables District Assemblies to acquire land in order to prevent or reverse depressed settlements;

(t) establish spatial planning and land use database;

(u) ensure the creation of appropriate zoning schemes and also prevent encroachments or breach of zoning schemes;

(v) facilitate the creation of an institutional framework that ensures the effective operation of this Act at all levels;

(w) ensure the establishment of an inter-sectoral approach to decision making in spatial planning in accordance with the development objective of government to attain a coordinated approach to development;

(x) provide technical advice on spatial planning to the Government through the Board;

(y) collaborate with relevant agencies; and

(z) perform any other function as may be required pursuant to the policy directives of the Minister referred to in section 12.

The Board of the Authority
5. Board of the Authority

(1) The governing body of the Authority is a Board consisting of

(a) a chairperson who is a person knowledgeable in human settlements, town planning and the built environment or issues related to spatial planning but who is not employed in a full time capacity in the public service;

(b) one representative each of

(i) the Ministry of Local Government and Rural Development not below the rank of a Director;

(ii) the Ministry of Environment, Science, Technology and Innovation not below the rank of a Director;

(iii) the Ministry of Lands and Natural Resources not below the rank of a Director;

(iv) the Ministry of Roads and Highways not below the rank of a Director;

(v) the Ministry of Water Resources, Works and Housing not below the rank of a Director;

(vi) the Ministry of Food and Agriculture not below the rank of a Director;

(c) the Chief Executive Officer of the Authority;

(d) the Executive Director of the Environmental Protection Agency;

(e) the Executive Secretary of the Lands Commission;

(f) the Administrator of Stool Lands;

(g) a representative of the National Development Planning Commission not below the rank of a Director;

(h) a representative of traditional authority nominated by the National House of Chiefs;

(i) one person nominated by the Ghana Institute of Planners; and

(j) three persons who are from the built environment professionals in the private sector at least one of whom is a woman representing the Ghana Institute of Architects, Ghana Institution of Engineers and the Ghana Institution of Surveyors.

(2) The members of the Board shall be appointed by the President in accordance with article 70 of the Constitution.

6. Responsibilities of the Board

The Board shall ensure the attainment of the overall objectives and the performance of the functions of the Authority and perform other related functions including

(a) ensuring the efficient performance of the functions required to be performed under the Act;

(b) initiating policies, programmes and projects for the proper functioning of the Authority and ensuring the preparation and submission of reports which are required to be submitted by the Act;

(c) ensuring the sound and proper financial management of the Authority;

(d) approving budgets and other decisions taken by the Authority as appropriate; and

(e) any other function as directed by the Minister.

7. Tenure of office of the Board

(1) A member of the Board shall hold office for a term of four years and is eligible for re-appointment but a member shall not be appointed for more than two terms.

(2) Subsection (1) does not apply to the Chief Executive Officer of the Authority.

(3) A member of the Board may at any time resign from office in writing addressed to the President through the Minister.

(4) A member of the Board who is absent from three consecutive meetings of the Board without sufficient cause ceases to be member of the Board.

(5) The President may, by letter addressed to a member, revoke the appointment of that member.

(6) Where a member of the Board is for a sufficient reason, unable to act as a member, the Minister shall, on the advice of the Board, determine whether the inability would result in a declaration of a vacancy for the unexpired tenure of office of that member.

(7) Where there is a vacancy

(a) under subsection (3), (4) or section 10 (2),

(b) as a result of a declaration under subsection (6), or

(c) by reason of the death of a member, the Minister shall notify the President of the vacancy and the President shall appoint a qualified person to fill the vacancy.

8. Meetings of the Board

(1) The Board shall meet at least once every three months for the despatch of business at the times and in the places determined by the chairperson.

(2) The chairperson shall, at the request in writing of not less than one-third of the membership of the Board, convene an extraordinary meeting of the Board at the place and time determined by the chairperson.

(3) The quorum at a meeting of the Board is nine members of the Board or a greater number determined by the Board in respect of an important matter.

(4) The chairperson shall preside at meetings of the Board and in the absence of the chairperson, a member of the Board elected by the members present from among their number shall preside.

(5) Matters before the Board shall be decided by a majority of the members present and voting and in the event of equality of votes, the person presiding shall have a casting vote.

(6) The Board may co-opt a person to attend a meeting of the Board but that person shall not vote on a matter for decision at the meeting.

(7) The proceedings of the Board shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member.

(8) Subject to this section, the Board may determine the procedure for its meetings.

9. Establishment of committees

The Board may establish committees consisting of members of the Board or non-members or both to perform a function.

10. Disclosure of interest

(1) A member of the Board or any committee established under this Act who has an interest in a matter for consideration

(a) shall disclose the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and

(b) shall not be present at or participate in the deliberations of the Board or committee in respect of that matter.

(2) A member ceases to be a member of the Board or committee, if that member has an interest in a matter before the Board or committee and

(a) fails to disclose that interest, or

(b) is present at or participates in the deliberations of the matter.

11. Allowances

Members of the Board and members of a committee of the Board shall be paid the allowances approved by the Minister in consultation with the Minister responsible for Finance.

12. Ministerial directives

(1) The Minister may, in writing, give directives to the Board on matters of policy.

(2) Subsection (1) shall not be construed to confer on the Minister the power to instruct the Authority on specific technical matters of spatial planning or any specific physical development activity.

13. Divisions and Units of the Authority

(1) The Authority shall have divisions and units that are necessary for the performance of the functions of the Authority.

(2) In creating the divisions, the Board shall ensure that there are divisions and units responsible for the following functions:

(a) research, policy and development of planning standards;

(b) monitoring of compliance with planning standards;

(c) management of information system;

(d) formulation of spatial development framework;

(e) education, training and capacity building; and

(f) communication and public relations.

(3) The Divisions of the Authority shall be staffed by persons who have the requisite knowledge, skill and experience and who are appointed by the President in accordance with article 195 of the Constitution.

14. Chief Executive Officer of the Authority

(1) The Authority shall have a Chief Executive Officer who shall be appointed by the President in accordance with article 195 of the Constitution.

(2) The Chief Executive Officer shall hold office on the terms and conditions specified in the letter of appointment.

(3) The Chief Executive Officer shall be the administrative head of the Authority and is responsible for

(a) the day to day administration of the Authority;

(b) implementing the decisions of the Board;

(c) keeping accurate records of proceedings and decisions of the Board; and

(d) performing other functions that the Board may direct.

(4) The Chief Executive Officer may delegate a function of the office to an officer of the Authority but shall not be relieved of the ultimate responsibility for the performance of the delegated function.

Finances of the Authority
15. Finances of the Authority

(1) The activities of the Authority shall be financed through

(a) moneys approved by Parliament for the purposes of the Authority;

(b) grants, gifts, and donations made to the Authority other than grants, gifts and donations designated for the Land Use and Spatial Planning and Development Fund established under section 21;

(c) rents, royalties and receivables accruing to the Authority from the properties belonging to the Authority;

(d) internally-generated funds accruing to the Authority; and

(e) proceeds received by the Authority from any investments approved by the Board.

(2) For the purpose of this section, the Authority shall prepare budget estimates for each financial year but the estimates shall be subject to the approval of the Board.

16. Additional resources

The Minister responsible for the Authority may, in consultation with the Minister responsible for Finance, make provisions relating to further financial resources that are to be allocated or ceded to the Authority.

17. Accounts and audit

(1) The Authority shall keep books of accounts and proper records in relation to them in the form approved by the Auditor-General.

(2) The Authority shall, submit the accounts to the Auditor- General for audit within three months after the end of the financial year.

(3) The Auditor-General shall, not later than six months, after the end of the financial year, audit the accounts and forward a copy of the audit report to the Board and the Minister.

18. Financial year

The financial year of the Authority is the same as the financial year of the Government.

19. Annual reports

(1) The Board shall within one month after the receipt of the audit report, submit an annual report to the Minister covering the activities and operations of the Authority for the year to which the report relates.

(2) The annual report shall include the report of the Auditor-General.

(3) The Minister shall, within one month after the receipt of the annual report, submit a report to Parliament with a statement that the Minister considers necessary.

(4) The Board shall submit to the Minister any other reports which the Minister may request in writing.

20. Control of finances and internal audit

The finances of the Authority and the Fund established under section 21 are subject to the control procedures within the Public Service including rules regulating internal audit and use of public funds.

Land Use and Spatial Planning Development Fund
21. Establishment of the Fund

There is established by this Act a Land Use and Spatial Planning Development Fund.

22. Object of the Fund

(1) The objects of the Fund include providing financial resources to

(a) finance research into planning issues and capacity building;

(b) defray the costs and expenses incurred by the Authority in preparing spatial development frameworks, plans, reports, documents, papers and other material related to the objects of the Authority or the dissemination of information by the Authority;

(c) pay for the costs related to the promotion of specific programmes determined by the Board in writing to be funded by the Fund;

(d) pay for the public educational activities of the Authority that the Board may determine; and

(e) assist planning entities in the performance of their functions under the Act.

(2) The Fund shall only be used for the purposes specified under the Act and shall not be used for the day to day administration of the Authority.

23. Sources of money for the Fund

The sources of money for the Fund consist of

(a) seed money specifically allocated for the start-up of the Authority;

(b) moneys that may be allocated to the Fund from the Ghana Infrastructure Investment Fund in consultation with the Minister responsible for Finance from the social infrastructure component of the Ghana Infrastructure Investment Fund pursuant to the Ghana Infrastructure Investment Fund Act, 2015 (Act 877);

(c) donations, grants and gifts;

(d) not less than twenty per cent of the internally-generated funds generated through the issuance of permits, penalties and approval of spatial plans; and

(e) any other money that Parliament may approve.

24. Management of the Fund

(1) The Fund shall be managed by a Fund Management Committee appointed by the Minister responsible for Environment Science, Technology and Innovation in consultation with the Minister for Finance which consists of

(a) a Chairperson;

(b) the Director of Finance of the Authority;

(c) two representatives of the Board;

(d) one representative of the Controller and Accountant-General; and

(e) one representative of the Ministry of Finance.

(2) The Chairperson shall be appointed by the Minister responsible for the Authority.

(3) The Committee shall, in consultation with the Minister responsible for the Authority, make recommendations to the Board regarding the disbursement of the Fund.

(4) The Minister responsible for Finance may issue guidelines and further directives that are necessary to guide the use of the resources under the Fund.

25. Reporting to Parliament

(1) The Board shall submit to Parliament, within three months after the passage of the Appropriation Act, a report on the programme and activities of the Fund for the year.

(2) The Minister responsible for Finance shall, within thirty days after the collection of the levy, cause the levy to be paid directly into the Fund and furnish the Minister responsible for Environment, Science, Technology and Innovation with evidence of the payment.

(3) The Minister responsible for Finance shall present to Parliament every three months a report on the payment of moneys into the Fund.

Planning at Regional Level
26. Regional Spatial Planning Committee

(1) The administrative regions established by the relevant enactments shall serve as the regions for the purpose of this Act.

(2) Each Regional Coordinating Council shall establish a Regional Spatial Planning Committee as a technical committee of the Regional Planning Coordinating Unit in each region.

27. Membership of Regional Spatial Planning Committee

(1) A Regional Spatial Planning Committee consists of

(a) the Regional Minister who shall be the chairperson of the Committee;

(b) the regional head of the Land Use and Spatial Planning Authority who shall be the secretary of the Committee;

(c) the Head of the Regional Planning Coordinating Unit;

(d) the regional head of the Ghana National Fire Service;

(e) the regional head of the Lands Commission;

(f) the regional head of the Environmental Protection Agency;

(g) the regional head of the Ghana Highway Authority;

(h) a representative of the Regional House of Chiefs;

(i) the regional head of the National Disaster Management Organisation in the region;

(j) the regional head of the Ministry of Agriculture;

(k) the regional head of the Forestry Commission;

(l) the regional head of the Water Resources Commission;

(m) the Regional Coordinating Director; and

(n) a representative of utility services providers within the region.

(o) a representative of utility services providers within the region.

(2) For the purpose of paragraph (o), utility services providers include water, sewage, telecommunications and electricity service providers.

28. Functions of the Regional Spatial Planning Committee

The Regional Spatial Planning Committee shall perform the functions provided under this Act including the following for and on behalf of the Regional Planning Coordinating Unit:

(a) develop a Regional Spatial Development Framework for the region in consultation with the district assemblies as part of the spatial development component of the Regional Integrated Plan;

(b) adjudicate on appeals or complaints resulting from decisions, actions or inactions of the District Spatial Planning Committee of the District Assemblies;

(c) where required, prepare sub-regional or multi-district spatial development framework for two or more districts within the region; and

(d) perform any other function to give effect to this Act within the region.

29. Rules affecting the Regional Spatial Planning Committee

The provisions of sections 8, 10 and 11 are applicable to the Regional Spatial Planning Committee but the Minister may, in consultation with the Authority and the Regional Coordinating Council, make further rules regarding the Regional Spatial Planning Committee.

30. Regional Spatial Planning Committee and Regional Coordinating Councils

(1) A Regional Spatial Planning Committee shall perform the functions provided for under this Act for and on behalf of the Regional Planning Coordinating Unit with oversight supervision by the Regional Coordinating Council.

(2) The Regional Spatial Planning Committee shall perform oversight spatial planning functions over the District Spatial Planning Committee within the scope prescribed by Regulations made under the Act.

(3) In the performance of its functions, the Regional Spatial Planning Committees shall act in accordance with the directives of the Regional Planning Coordinating Unit and take into consideration the Regional Integrated Plan prepared by the Regional Planning Coordinating Unit.

31. The Secretariat of the Regional Spatial Planning Committee

The Regional office of the Land Use and Spatial Planning Authority shall serve as the Secretariat of the Regional Spatial Planning Committee.

Planning at the District Level
32. Spatial planning in districts

(1) The administrative districts established by the relevant enactment shall serve as the districts for the purpose of this Act.

(2) The Authority may recommend the making of further Regulations regarding the spatial planning matters to be taken into account in the creation of districts.

(3) In the performance of its functions under this Act, a District Assembly is in addition to the provisions of this Act, subject to conditions imposed in regulatory notices and administrative instructions issued by the Authority in accordance with this Act.

(4) The District Chief Executive or in the absence of the District Chief Executive, the District Coordinating Director, is responsible and accountable for an action taken in pursuance of the responsibilities under this Act.

33. Establishment of Districts as Planning Authorities

Where a new district is created or existing districts are consolidated into one district, the new district shall be the planning authority for its area of jurisdiction for the purposes of this Act.

34. District Planning Authority and its functions

(1) A District Assembly or a special planning authority is for the purpose of this Act the spatial, human settlement and planning authority for its area of authority.

(2) The functions of the District Assembly under this Act shall be performed by the District Spatial Planning Committee in accordance with this Act and the Local Government Act, 1993 (Act 462).

35. Delegation of functions

Except as specified in this Act or Regulations made under this Act, a District Assembly shall not delegate its functions under this Act to any entity other than the District Spatial Planning Committee.

36. Decisions of the District Assemblies and responsibility

(1) The decision of a District Assembly in respect of the function of the District Assembly under this Act shall be taken in a corporate manner through the District Spatial Planning Committee at its formal meetings.

(2) The head of a District Spatial Planning Committee is responsible for ensuring compliance with this Act and the head is not absolved from accountability or responsibility if any of the functions are delegated.

37. District Spatial Planning Committee

(1) There is established by this Act, as a committee of each District Assembly, a District Spatial Planning Committee.

(2) A District Spatial Planning Committee consists of

(a) the District Chief Executive of the district who shall be the chairperson and in the absence of the District Chief Executive, the District Coordinating Director shall act as the chairperson;

(b) the head of the Physical Planning Department of the district who shall be the secretary of the Committee;

(c) the District Coordinating Director;

(d) the chairperson of the sub-committee on

(i) development planning of the District Assembly; and

(ii) works of the District Assembly;

(e) the District Development Planning Officer;

(f) the head of the Works Department;

(g) the head of the Roads Unit of the District Assembly;

(h) a representative of the regional director of the Environmental Protection Agency;

(i) the Head of the Disaster Prevention Department of the District Assembly;

(j) one representative, of the Lands Commission in the District not below the rank of a Staff Surveyor appointed from the Survey and Mapping Division of the Lands Commission;

(k) one representative from the traditional council of the district and in districts where there are more than one traditional council, the person elected by the traditional councils within the district to represent them on a rotating basis; and

(l) not more than two persons nominated by the elected members of the District Assembly from among their number to represent them except that in the nomination, preference shall be given to female elected members of the District Assembly.

(3) A District Spatial Planning Committee may co-opt or invite any other qualified person as a consultant, to attend a meeting of the District Spatial Planning Committee for the purpose of the specific subject matter being considered by the District Spatial Planning Committee.

(4) A co-opted person may only advise the District Spatial Planning Committee and shall not vote on any matter for decision by the District Spatial Planning Committee.

38. Functions of the District Spatial Planning Committee

(1) A District Spatial Planning Committee shall

(a) ensure that physical development is carried out in the District in accordance with this Act;

(b) ensure that the preparation of the District Spatial Development Framework is in accordance with this Act;

(c) ensure that the preparation of the structure plan and local plan in the district is in accordance with this Act;

(d) deliberate on and approve the recommendation of the Technical Sub-Committee or request further consideration by the Technical Sub-Committee where necessary;

(e) consider and approve applications for permit; and

(f) perform other functions required to be performed by this Act within the district.

(2) The District Spatial Planning Committee may impose conditions that it considers appropriate in giving approval to the recommendations of the Technical Sub-Committee.

(3) The Authority may, in accordance with Regulations made under this Act, prescribe the scope of the approved functions of the District Spatial Planning Committee that may be delegated by the District Spatial Planning Committee to the Technical Sub-Committee.

(4) Section 10 applies to the District Spatial Planning Committee and any committee formed under the District Spatial Planning Committee.

39. Technical Sub-Committee

(1) There is established by this Act in each District Assembly, a Technical Sub-Committee of the District Spatial Planning Committee.

(2) A Technical Sub-Committee consists of

(a) the head of the Physical Planning Department of the district who shall be the secretary of the Committee;

(b) the District Development Planning Officer;

(c) the head of the Works Department;

(d) the head of the Roads Unit of the District Assembly;

(e) the district head of the Disaster Prevention Department of the District Assembly;

(f) one representative of the Lands Commission in the District;

(g) one representative of the regional head of the Environmental Protection Agency;

(h) the District Fire Officer;

(i) the head of the District Health Department; and

(j) two co-opted members at least, one of whom is the chairperson of a sub-metro or urban council as appropriate.

(3) A representative from any of the utility agencies or other relevant agencies may be co-opted, if required.

(4) The chairperson of a Technical Sub-Committee shall be elected by the members of the Technical Sub-Committee from their number at the first meeting of the Technical Sub-Committee.

(5) The chairperson of the Technical Sub-Committee shall serve for a period of two years and is eligible for re-election.

(6) In the absence of the chairperson at a meeting of the Technical Sub-Committee, the members present and forming a quorum shall elect one of their number to chair that meeting.

(7) Where any of the members of the Technical Sub-Committee as specified in subsection (2) is not available, the District Spatial Planning Committee shall, in consultation with the Regional Spatial Planning Committee, co-opt a person from another district within the Region to fill the vacancy until a substantive person is appointed within the district.

(8) The Technical Sub-Committee shall report to the District Spatial Planning Committee.

40. Functions of the Technical Sub-Committee

The Technical Sub-Committee shall

(a) prepare or review the District Spatial Development Framework, Structure Plans, Local Plans and Rezoning Plans;

(b) review applications for physical development;

(c) recommend to the District Spatial Planning Committee applications for approval;

(d) through the District Spatial Planning Committee, provide the Authority with reports as required for the enforcement of this Act;

(e) make recommendations to the District Spatial Planning Committee to approve any of the items, documents or matters required to be approved under this Act;

(f) make input into the discussions of site advisory and site selection teams set up for public projects by the Site Advisory Committee established under the State Lands Regulations, 1962 (L.I. 230);

(g) provide technical services, establish conditions in relation to the various plans and monitor implementation of the plans; and

(h) perform any other function assigned to the Committee by the District Spatial Planning Committee.

41. Meetings

(1) The District Spatial Planning Committee and the Technical Sub-Committee shall meet as and when required to perform the functions stated under this Act but shall in any event meet at least once a month except that the Technical Sub-Committee shall hold its meetings and submit a report to the District Spatial Planning Committee before the District Spatial Planning Committee’s meetings.

(2) A quorum for a meeting of the District Spatial Planning Committee and Technical Sub-Committee is constituted by half or more of the members present.

(3) The District Spatial Planning Committee and the Technical Sub-Committee may co-opt non-members to attend their meetings but a co-opted person may only advise on matters which are being deliberated on at the meeting and shall not vote on decisions.

(4) A decision of the District Spatial Planning Committee and the Technical Sub-Committee shall be by consensus.

(5) Where the District Spatial Planning Committee is unable to reach a consensus on the matter, the matter shall be referred to the Technical Sub-Committee with the comments of the members of the District Spatial Planning Committee.

42. The Secretariat of the District Spatial Planning Committee

(1) The Physical Planning Department of a District Assembly shall serve as the Secretariat of the District Spatial Planning Committee.

(2) The head of the Physical Planning Department of a District Assembly shall be the head of the Secretariat.

(3) In addition to the regular funding sources, the activities of the District Spatial Planning Committee and the Technical Sub- Committee shall be funded from other sources including funds that may accrue or be assigned to the District Assembly from the Land Use Planning and Development Fund set up under section 21.

Joint and Multi District Issues
43. Creation of Joint District Planning Entities by Regional Coordinating Council

(1) Where the President creates a Joint Development Planning Area, the Regional Coordinating Council may

(a) in the interest of spatial harmony, or

(b) in the interest of cost savings, economy or enhancement of national development, or

(c) on the request of two or more District Assemblies, after prior consultations with the Authority, the Regional Spatial Planning Committee and the respective District Assemblies, create

(d) a Joint District Spatial Planning Committee where only two District Assemblies are affected; or

(e) a Multi-District Spatial Planning Committee where more than two districts are affected.

(2) In setting up the Joint or Multi-District Spatial Planning Committee, the Regional Coordinating Council shall

(a) take into account the provisions of the National Development Planning (system) Act, 1994 (Act 480) and any other legislation for the time being in force; and

(b) ensure that the membership conforms to the provisions of section 39.

(3) The Regional Coordinating Council shall determine the tenure of a Joint or Multi-District Spatial Planning Committee.

44. Joint Statutory Technical Sub-Committees

Where a Regional Coordinating Council creates a Joint District Spatial Planning Committee or Multi-District Spatial Planning Committee under section 43, the Regional Coordinating Council shall create a Joint Technical Sub-Committee or Multi-District Technical Sub-Committee as appropriate in accordance with the expertise that are required in section 39 for constituting a Technical Sub-Committee.

Planning Area and Levels of Planning
45. Planning area

The territory of Ghana as defined under the Constitution of the Republic of Ghana including the land mass, air space, sub-terrain territory, marine space and reclaimed lands shall be a planning area and subject to the planning system provided under this Act and other relevant laws.

46. Spatial development frameworks, structure and local plans

(1) The framework for spatial planning in the country comprises

(a) the National and Sub-National Spatial Development Framework covering the entire country or a part of the country including marine space, where the context requires;

(b) a Regional Spatial Development Framework for each of the administrative regions of the country or Joint-Regional Spatial Development Framework for multiple regions where appropriate or Sub Regional Spatial Development Framework covering parts of a region where the context requires; or

(c) District Spatial Development Framework for each district, or where appropriate, a Joint or Multi-District Spatial Development Framework.

(2) In furtherance of the National and Regional Spatial Development Framework and where available the Sub-National, the Joint-Regional, Regional, Sub-Regional or District Spatial Development Framework, the following plans shall be prepared to guide physical development:

(a) a structure plan for each district, part of a district or multiple districts but a structure plan shall not be prepared unless that structure plan conforms to the criteria prescribed in Regulations made by the Minister under this Act or in the absence of Regulations, in accordance with guidelines issued by the Authority; and

(b) a local plan for each part of a district where physical development is taking place or proposed to take place and the local plan shall conform to guidelines issued by the Authority.

(3) The Spatial Development Frameworks and Plans shall have as their key goal the general improvement of the quality of life in the country.

(4) A Spatial Development Framework, a Structure Plan and a Local Plan shall be for the following periods:

(a) in the case of National or Sub-National Spatial Development Framework, twenty years;

(b) in the case of Regional or Sub-Regional Spatial Development Framework, twenty years;

(c) in the case of Sub-Regional Spatial Development Framework, twenty years;

(d) in the case of District Spatial Development Framework, twenty years;

(e) in the case of a structure plan, fifteen years; and

(f) in the case of a local plan, five years.

(5) A Spatial Development Framework and a Structure Plan shall be revised at the end of the period specified in subsection (4) or at an earlier date that the Authority may direct.

(6) Until the revised Spatial Development Framework is approved in accordance with this Act, the existing Spatial Development Framework shall continue to be in force.

(7) Despite subsection (5), a review session shall be held by the applicable entity every four years to determine changes that are required in the framework.

(8) Where changes are required, approval shall be sought from the approving authority before any modification is made except where the modification is envisaged or permissible under the approved framework.

47. Public Data Room

(1) Each District Assembly shall set up a permanent physical Public Data Room at an openly accessible place and the Public Data Room shall be open to the Public during normal working hours.

(2) The Public Data Room shall be manned by staff of the District Assembly who shall

(a) assist the public to have access to documents prescribed to be made available in the data room; and

(b) keep records that may be prescribed by the Authority.

(3) In addition to the physical Public Data Room, the Public Data Room may be set up by the District Assembly as a virtual Public Data Room where possible.

National or Sub-National Spatial Development Framework
48. Preparation of National or Sub-National Spatial Development Framework

(1) The Authority shall, after consultation with the National Development Planning Commission and on the basis of the approved or proposed National Development Plan as stipulated in the National Development Planning (System) Act, 1994 (Act 480), prepare a National Spatial Development Framework covering the entire territory of Ghana.

(2) The Authority shall ensure that the National Spatial Development Framework is the framework within which other spatial development frameworks are formulated.

(3) In addition to the National Development Plan, the National Spatial Development Framework shall be informed by background studies, reports, plans, maps and other information prescribed by Regulations made by the Minister under this Act.

(4) The National Spatial Development Framework shall prescribe the spatial aspects of the social and economic development and related human settlement as well as activities within the marine space of the country.

(5) The President, on the advice of the Authority in consultation with the National Development Planning Commission, may create a special development zone pursuant to section 14(1) of the National Development Planning (System) Act, 1994 (Act 480).

(6) Where the President creates a special development zone pursuant to section 14(1) of Act 480, the Authority shall prepare a spatial development framework for that zone.

(7) The National or Sub-National Spatial Development Framework shall be prepared in accordance with the scope, objectives, minimum content and methodology prescribed by Regulations.

(8) The National or Sub-National Spatial Development Framework shall be

(a) prepared by the Authority in consultation with the National Development Planning Commission and other public institutions, and

(b) based on the development policy framework approved by the President.

49. Object of National Spatial Development Framework

The National Spatial Development Framework shall have as its object, the judicious use of land and the equitable distribution of national infrastructure and facilities in various human settlements of the country.

50. Contents of the National or Sub-National Spatial Development Framework

(1) The National or Sub-National Spatial Development Framework shall contain

(a) a statement from the Authority covering

i. the spatial dimensions of general trends, prospects, opportunities and challenges of the country;

ii. the objectives that are to guide the Authority in coping with the challenges and enable the Authority to contribute to the improvement of quality of life and sustainable management of land use and human settlements;

iii. the strategies adopted by the Authority to cope with and guide management on how to meet the identified challenge of land use; and

iv. the means to be employed in monitoring the efficiency of the strategies adopted by the Authority;

(b) the designation of the proposed hierarchy of human settlements, anticipated population growth and distribution;

(c) the location of major potential projects, development corridors and other areas of national importance;

(d) the designation of infrastructure, services and development corridors of national importance;

(e) the allocation of development centers of national importance and their likely development within the planning period;

(f) a strategic environmental assessment of the spatial development framework;

(g) a statement of the consultative procedures undertaken in the preparation of the framework; and

(h) any other matter considered relevant for the purpose of the National or Sub-National Spatial Development Framework.

(2) A national development plan required under the National Development Planning (System) Act, 1994 (Act 480) shall be accompanied with

(a) the National or Sub-National Spatial Development Framework;

(b) the Regional Spatial Development Framework;

(c) the Multi-Regional or Sub-Regional Spatial Development Framework; and

(d) the District Spatial Development Framework which shall constitute the spatial component of the National Development Plan.

(3) The National and Sub-National Spatial Development Framework shall be submitted to the President for approval and the Framework shall commence on the date of the approval.

(4) The contents of a Sub-National Spatial Development Framework shall be as provided in subsection (1).

51. Notification of President’s approval

(1) After the President has given approval to the National or the Sub-National Spatial Development Framework, the Chief Executive of the Authority shall give notice of the approval by publication in the Gazette and in a daily newspaper of national circulation.

(2) The Authority shall, in addition, send copies of the approved Framework to

(a) the Office of the President;

(b) the National Development Planning Commission;

(c) each Regional Coordinating Council;

(d) each District Assembly;

(e) the National House of Chiefs; and

(f) each Ministry.

(3) A copy of the National or Sub-National Spatial Development Framework may be made available at a fee prescribed by the Authority to a person who requests for a copy of the Framework.

Regional Spatial Development Framework
52. Preparation of Regional Spatial Development Framework

(1) In furtherance of the National Spatial Development Framework, each Regional Coordinating Council shall ensure that a Regional Spatial Development Framework is prepared for each administrative region of the country not later than twelve months after the approval by the President, of the National Spatial Development Framework.

(2) The Regional Spatial Planning Committee shall, on the basis of the National Spatial Development Framework approved by the President, and in consultation with the District Assemblies and other public sector agencies, and after public consultation, prepare the Regional Spatial Development Framework for its region within the time specified in subsection (1).

(3) Where the Authority in consultation with the relevant Regional Coordinating Council specifically directs, the Regional Spatial Planning Committee concerned shall prepare Sub-Regional Spatial Development Framework for part of the Region or a Joint or Multi-Regional Spatial Development Framework for two or more regions.

(4) The Regional Spatial Development Framework, Sub-Regional Spatial Development Framework, Joint or Multi-Regional Spatial Development Framework shall prescribe the spatial aspects of the Regional Integrated Plan and related human settlement issues.

(5) The Regional Spatial Development Framework, Sub-Regional Spatial Development Framework, Joint or Multi-Regional Spatial Development Framework shall be prepared in accordance with the scope, objectives, minimum content and methodology prescribed by Regulations and guidelines issued by the Authority.

(6) A Regional Spatial Development Framework, Sub-Regional Spatial Development Framework and Joint or Multi-Regional Spatial Development Framework shall be submitted for consideration and approval by the National Development Planning Commission through the Authority.

(7) A draft Regional Spatial Development Framework, draft Sub-Regional Spatial Development Framework and a draft Joint or Multi- Regional Spatial Development Framework shall be submitted to the Regional Coordinating Councils concerned for approval and after the approval, the draft Regional Spatial Development Framework, draft Sub-Regional Spatial Development Framework or draft Joint or Multi-Regional Spatial Development Framework shall be lodged with the National Development Planning Commission through the Authority.

(8) Where the National Development Planning Commission does not comment on the draft Framework within sixty days after the Framework has been lodged with the National Development Planning Commission, the Regional Spatial Planning Committee shall endorse the Framework.

(9) Where the National Development Planning Commission intends to comment on the draft Framework, it shall issue its comments on the draft Framework and return it to the Regional Spatial Planning Committee which shall revise the draft Framework and lodge it with National Development Planning Commission within thirty days of receipt of the comments.

(10) Where a Framework is revised, the revised Framework shall be endorsed by the National Development Planning Commission within thirty days after the revised Framework is lodged with the National Development Planning Commission.

(11) Where the National Development Planning Commission does not issue an endorsement of the revised framework within the thirty day period, the Regional Spatial Planning Committee shall endorse the draft Regional Spatial Development Framework.

(12) The Regional Spatial Development Framework or Multi- Regional Spatial Development Framework shall conform to the general requirements of the National Spatial Development Framework.

53. Object of Regional Spatial Development Framework

The Regional Spatial Development Framework, Sub-Regional Spatial Development Framework and Joint or Multi-Regional Spatial Development Framework shall have as its key object the judicious use of land and supportive spatial strategy for exploiting unique regional prospects for increasing regional and national prosperity.

54. Content of Regional Spatial Development Framework

The content of the Regional Spatial Development Framework shall be prescribed in Regulations made under this Act.

55. Notification

(1) The Regional Coordinating Director shall give notice of the approval of the Regional or Sub-Regional Spatial Development Framework to the public by publication in the Gazette and a newspaper of national circulation and send copies of the Framework to

(a) the President;

(b) the Authority;

(c) the National Development Planning Commission;

(d) each Regional Coordinating Council;

(e) each District Assembly in the region; and

(f) each Ministry, Department and Agency within the region.

(2) The Chief Executive Officer of the Authority shall give notice of the approval of the Joint or Multi-Regional Spatial Development Framework to the public by publication in the Gazette and a newspaper of national circulation and send copies of the Framework to

(a) the President;

(c) the National Development Planning Commission;

(d) each Regional Coordinating Council;

(e) each District Assembly in the region; and

(f) each Ministry, Department and Agency within the region.

(3) A person may, on payment of the prescribed fee, obtain a copy of the

(a) Joint or Multi-Regional Spatial Development Framework from the Authority; or

(b) Regional or Sub-Regional Spatial Development Framework from the Regional Co-ordinating Council.

(4) A copy of the Regional or Joint or Multi-Regional or Sub-Regional Spatial Development Framework shall be made available in the Public Data Room of each District Assembly within the region.

District Spatial Development Framework
56. Spatial component of district development plans

(1) The spatial component of a development plan required by section 2 of the National Development Planning (System) Act, 1994 (Act 480) shall be prepared in accordance with this Act.

(2) In furtherance of section 4 of the National Development Planning (System) Act, 1994 (Act 480), each proposed District Development Plan shall, where a District Spatial Framework exists, be accompanied by evidence that that plan has been prepared taking into account the District Spatial Development Framework.

(3) Where a District Spatial Development Framework does not exist, the execution of projects and developments shall incorporate the prescriptions of the District Spatial Development Framework when it comes into force.

(4) A District Assembly shall, in making modifications to an approved District Development Plan under section 4 of the National Development Planning (System) Act, 1994 (Act 480), take into account the District Spatial Development Framework and the provisions of this Act.

57. Preparation of District Spatial Development Framework

(1) Within sixty days of the coming into force of a Regional Spatial Development Framework, the Chief Executive Officer of the Authority shall in consultation with the National Development Planning Commission direct the District Assemblies to prepare the District Spatial Development Framework within twelve months of the coming into force of the Regional Spatial Development Framework.

(2) The Technical Sub-Committee of each District Spatial Planning Committee shall,

(a) in consultation with relevant public and private institutions and stakeholders; and

(b) in conformity with the Regional Spatial Development Framework, prepare a District Spatial Development Framework for the district in accordance with this Act.

(3) Where appropriate, the Regional Spatial Planning Committee shall, in consultation with the Regional Coordinating Council and affected district assemblies, prepare a Joint-District Spatial Development Framework.

(4) The District Spatial Development Framework or the Joint- District Spatial Development Framework shall conform to the general guidelines of the Regional Spatial Development Framework.

(5) The District Spatial Development Framework shall be submitted to the District Assembly for approval.

(6) Where a draft Joint-District Spatial Development Framework is prepared, it shall be presented for approval by each District Assembly affected or the joint session of the districts concerned where the Regional Coordinating Council so directs and the draft Joint-District Spatial Development Framework shall be submitted to the Regional Coordinating Council for endorsement.

(7) In the case of the preparation of the Joint-District Spatial Development Framework, the District Assembly shall be given notice of the approval by the Regional Spatial Planning Committee.

(8) After a District Spatial Development Framework is approved by the District Assembly, or in the case of a Joint-District Spatial Development Framework by the Regional Coordinating Council, the District Chief Executive or the Regional Coordinating Director, as the case may be, shall give notice to the public of the completion of the Framework through publication in a newspaper of national circulation and a copy of the Framework shall be made available at the Public Data Room of the relevant district or of each of the districts concerned.

(9) A person may, on request, obtain a copy of

(a) the District Spatial Development Framework from the District Assembly on the payment of the fee fixed by the District Assembly by resolution in accordance with the procedure for fixing rates by the District Assembly approved by the Minister responsible for Local Government; or

(b) a Joint-District Spatial Development Framework from the Authority on payment of the fee prescribed by the Authority.

(10) A copy of the District Spatial Development Framework shall be lodged with the Regional Coordinating Council and the Regional Spatial Planning Committee.

(11) The functions of the District Spatial Planning Committee shall be performed by the Technical Sub-Committee.

58. Object of the District Spatial Development Framework

A District Spatial Development Framework or Joint-District Spatial Development Framework shall have as its key object the judicious use of land and supportive spatial strategy for coordinated and integrated district development.

59. Content of District Spatial Development Framework

The content of a District Spatial Development Framework shall be prescribed by the Authority in consultation with the National Development Planning Commission and the Minister in Regulations made under this Act.

60. Effect of a joint framework

(1) A reference to a Regional Spatial Development Framework and a District Spatial Development Framework includes a reference to a Joint Regional Spatial Development Framework or a Joint-District Spatial Development Framework as appropriate.

(2) Where an action is required to be taken by a district, the action shall be taken by each district and in the case of Joint-District Spatial Development Framework, the action shall be taken jointly.

(3) An action required to be taken pursuant to a Joint-District Spatial Development Framework shall

(a) where the action falls entirely within the jurisdiction of a District Assembly, be taken within the jurisdiction of that District Assembly, and

(b) where the action falls within the jurisdiction of more than one District Assembly, be taken by the District Assemblies involved under the guidance of the Regional Coordinating Council after prior approval by the Executive Committee of each District Assembly.

(4) The Authority may make Regulations regarding Joint-District Spatial Development Framework.

(5) Where two or more District Spatial Planning Committees, or Regional Spatial Planning Committees decide that they need a Joint Spatial Development Framework, they may initiate the preparation of the Joint Spatial Development Framework under the guidance of the Authority.

(6) Where it is recognised by the Authority, the National Development Planning Commission or the President that two or more districts or regions ought to be planned as one entity but the District Spatial Planning Committees or the Regional Spatial Planning Committees of the districts or regions concerned have not initiated the process for the preparation of a Joint Spatial Development Framework, the Authority, the National Development Planning Commission or the President may direct those districts or regions to prepare a Joint Spatial Development Framework.

61. Compliance with District Spatial Development Framework

Where the context requires, a person who plans to carry out physical development or any physical development of a scale which requires it taking into account the prescription of the District Spatial Development Framework shall comply with the District Spatial Development Framework and with the relevant structure plan and local plan.

Structure Plans
62. Time for the preparation of structure plans

(1) Except where the Authority through the Regional Coordinating Council grants an extension, each District Assembly shall,

(a) within thirty days after approval of the District Spatial Development Framework,

(i) give notice of the approval to the public by publication in a newspaper of national circulation, and

(ii) commence the preparation of a structure plan for its area of jurisdiction, and

(b) complete the structure plan not later than eighteen months after the approval of the District Spatial Development Framework or within an extension granted by the Authority in accordance with Regulations and guidelines.

(2) A structure plan shall be prepared for the areas prescribed in the District Spatial Development Framework, Joint-District Spatial Development Framework or Multi-District Spatial Development Framework

(3) Where it is deemed appropriate to have a structure plan for an area within two contiguous districts, or where two or more contiguous districts have a Joint or Multi-District Spatial Development Framework, the Regional Spatial Planning Committee shall prescribe the areas to be covered by the structure plan.

(4) Where the District Spatial Development Framework prescribes structure plans that cover the entire district, the District Spatial Planning Committee shall ensure that the structure plans for the entire district whether prepared in parts or as a whole are prepared within the time limit specified in subsection (1) or within the extension period granted by the Authority.

63. Object and scope of structure plan

The Minister shall, upon the recommendation of the Authority and in consultation with the National Development Planning Commission, prescribe Regulations for the objects and scope of a structure plan.

64. Sub-urban structure plan

The structure plan for a sub-urban area shall be prepared in accordance with Regulations made under this Act and directives issued by the Authority and approved by the Minister.

65. Responsibility for structure plan

(1) The Technical Sub-Committee shall, subject to the approval of the District Spatial Planning Committee, prepare the structure plans for the District.

(2) A District Assembly may on the recommendation of the District Spatial Planning Committee engage a private sector entity in accordance with the laws on public procurement to prepare the structure plan.

66. Public notice of draft structure plan

(1) After the preparation of the draft structure plan, the District Chief Executive shall

(a) give notice in the manner prescribed by Regulations that the draft structure plan is open for inspection; and

(b) submit a copy of the draft structure plan to the Regional Spatial Planning Committee for comment.

(2) The draft structure plan shall, before being approved, be made available for inspection in the Public Data Room of the District Assembly.

67. Approval of structure plan

(1) A District Spatial Planning Committee shall, after the expiration of the date for public comments, direct the Technical Sub-Committee to take action on the relevant public comments and submit the revised structure plan to the District Spatial Planning Committee for approval.

(2) The Technical Sub-Committee shall, in submitting the revised plan to the District Spatial Planning Committee, draw the attention of the District Spatial Planning Committee to how the comments and objections received have been accounted for in the revised structure plan.

(3) Where the District Spatial Planning Committee approves the structure plan, that Committee shall submit the approved structure plan to the District Assembly for a formal endorsement.

(4) The District Assembly shall discuss the structure plan at a formal session of the Assembly and where there are no objections endorse the structure plan.

(5) Where at the formal session of a District Assembly, the attention of the District Assembly is drawn to any objections or comments which, in the view of the District Assembly, may have a substantial impact on the structure plan, the District Assembly shall refer the structure plan back to the District Spatial Planning Committee for its consideration and necessary action.

(6) Where a District Assembly refers a structure plan back to the District Spatial Planning Committee, the District Spatial Planning Committee acting through the Technical Sub-Committee, may effect the necessary amendments and re-submit the amended structure plan to the District Assembly within the time frame specified by the District Assembly or as may be specified in Regulations made under this Act.

(7) A District Assembly may endorse a structure plan with or without amendments.

(8) Where a District Assembly endorses a structure plan with recommended amendments, the amendments shall be effected before the seal of the District Assembly is embossed on the structure plan as the approved structure plan.

(9) A copy of the duly endorsed structure plan bearing the seal or embossment of the District Assembly shall be made available for inspection at the Public Data Room of the District Assembly.

(10) The date of publication of the notice referred to in section 62 (1)(a)(i) shall be the date on which the structure plan comes into effect.

68. Procedure for approval of structure plan

(1) The District Assembly shall

(a) in respect of the approval of a structure plan, hold a formal meeting for the purposes of the approval of the structure plan;

(b) keep a record of the minutes of the meeting; and

(c) communicate the approval in writing to the District Spatial Planning Committee.

(2) The District Assembly shall keep copies of the evidence of the approval at the Public Data Room and lodge a copy of the structure plan with the Regional Spatial Planning Committee.

(3) Pending the approval of the structure plan, the draft structure plan shall be used to guide development.

69. Revision of approved structure plan

(1) Unless the Authority directs otherwise or unless otherwise provided in Regulations made under this Act, the District Spatial Planning Committee shall review a structure plan within six months after the fifth year of the commencement of the structure plan.

(2) The District Spatial Planning Committee may, apply to the District Assembly to amend or withdraw a structure plan which has been approved.

(3) Where a District Spatial Planning Committee after a period of ten years determines that a revision of the structure plan is not necessary, the District Spatial Planning Committee shall apply, with proper justification, to the District Assembly for an extension of the period of the validity of that structure plan.

(4) Where the District Assembly decides to extend the validity of a structure plan, it shall give notice to the public of its intention and invite comments from the public in respect of the intention.

(5) The validity of a structure plan shall not be extended unless the period for public comments has lapsed.

(6) The amendment, withdrawal or revision of a structure plan shall conform with the requirements prescribed by Regulations.

70. Effect of an approved structure plan

A structure plan does not confer or take away any user rights in respect of land except as provided for under this Act.

71. Amendment of zoning schemes pursuant to approved structure plan

(1) A District Assembly may, where necessary, authorise a District Spatial Planning Committee to amend an existing zoning scheme for the district in order to ensure conformity with the approved structure plan.

(2) The District Assembly may, as part of its structure plan approval process, or on the written request of the Regional Spatial Planning Committee, authorise the District Spatial Planning Committee to amend an existing zoning scheme.

(3) In authorising the amendment of a zoning scheme, a District Spatial Planning Committee shall

(a) act in accordance with the guidelines laid down by the Authority and may amend or revise the approved structure plan; and

(b) give notice of the amendment to be made to the zoning scheme to the Regional Spatial Planning Committee in the manner prescribed by Regulations.

Local Plans and Street Addressing System
72. Local plan

(1) A local plan shall have as its key object, the judicious use of land for attaining a sound, natural and built environment and an improved living standard.

(2) A local plan is required for each specific physical development.

(3) A local plan shall be drawn up and adopted before

(a) the approval of a development scheme in respect of the layout of land for more than twenty individual plots each of which is not less than one hundred and ten square metres; and

(b) major redevelopment schemes in urban areas.

(4) A local planning authority shall prepare a local plan, where that authority intends in respect of an urban or urbanizing area to establish legally binding regulations for

(a) the land coverage for a construction on a plot in the zone;

(b) the type of structure on the land;

(c) the form and height of buildings;

(d) tree preservation;

(e) the preservation of buildings with a cultural heritage and historical structures; and

(f) any landscaping or tree planting requirements.

(5) A District Spatial Planning Committee shall, prepare a local plan for a specific area within its jurisdiction within the time frame specified in Regulations made under this Act.

(6) Each estate developer, owner of land of a size specified by the Authority or a traditional ruler who owns that land shall submit to the District Assembly local plans in respect of estate schemes or schemes to develop the land for sale in the district.

(7) The District Spatial Planning Committee shall, by publication in the Gazette and a newspaper of national circulation, give notice of the commencement of preparation of the local plan.

73. Object and scope of local plan

(1) A local plan shall

(a) include a spatial arrangement for the development of the areas prescribed in the Regulations; and

(b) contain provisions for orderly, coordinated, efficient and environmentally sound development and proper use of land in the district.

(2) A local plan shall be prepared in accordance with Regulations made under this Act.

(3) A local plan shall provide for the spatial aspects of the socioeconomic development in the district and for the details that are relevant to human settlement issues as prescribed in the Regulations.

(4) A local plan shall conform to the general purpose and prescription of the zoning scheme.

74. Responsibility for local plan

(1) Where a person or an entity seeks to set up or develop a town in phases and each phase comprises an area of the size that requires a local plan, the person or the entity seeking to undertake the development shall prepare a local plan for the area concerned.

(2) The local plan in subsection (1) shall be prepared by a qualified planner.

(3) Where a person seeks to dispose of plots in a large tract of land for which the District Spatial Planning Committee considers a local plan to be required, the person seeking to dispose of the land shall prepare a local plan before disposing of any of the plots.

(4) The Authority shall prescribe the minimum size of a tract of land for which a local plan is required under subsection (3).

(5) A local plan shall be submitted to the District Spatial Planning Committee for approval.

75. Public notice of draft local plan

The District Spatial Planning Committee shall, on approval of a local plan prepared by the Technical Sub-Committee or after it receives a local plan from a developer or a person required to prepare a local plan,

(a) give notice in the manner prescribed by Regulations made under this Act that the draft local plan is open for inspection at the Public Data Room of the District Assembly; and

(b) include in the notice that the draft local plan will be approved if no objection or complaint is received within the time frame specified in the notice and that time frame shall not be more than sixty days from the date of the notice.

76. Approval of local plan

(1) The District Spatial Planning Committee shall publish a notice on its notice boards, its website, in a newspaper of national circulation and any other manner that it considers appropriate to the effect that the local plan has been approved if

(a) the District Spatial Planning Committee does not receive any comment before the date for making comments expires;

(b) the District Spatial Planning Committee receives a comment within the time for making comments but decides that the comment does not have to be acted on; and

(c) the conditions imposed on the person submitting the draft local plan, have been satisfied by that person.

(2) In granting the approval, the District Spatial Planning Committee may impose any conditions it considers appropriate in respect of the approval.

77. Local plan to conform to structure plan

(1) A local plan shall conform to the structure plan of the area within which the local plan falls.

(2) Where a structure plan does not exist, the District Spatial Planning Committee shall prepare the local plan in accordance with the prescriptions of the District Spatial Development Framework.

(3) Where a District Spatial Development Framework does not exist, the District Spatial Planning Committee shall prepare the local plan in accordance with the prescriptions of the Regional Spatial Development Framework or where a Regional Spatial Development Framework does not exist, the National Spatial Development Framework.

78. Local plan pending structure plan

Pending the commencement of the implementation of an approved structure plan, the District Spatial Planning Committee may prepare a local plan but the local plan shall, if it deviates from a subsequently approved structure plan, be amended to conform to the structure plan.

79. Effect of an approved local plan

A physical development that is to be carried out in an area for which the District Spatial Planning Committee has approved a local plan shall be carried out in accordance with the details of the local plan.

80. Enforcement of local plan

A local plan shall be enforced in the same manner as a zoning scheme where

(a) a local plan already exists prior to the coming into force of this Act; and

(b) the Regional Spatial Planning Committee on a request by the District Assembly has confirmed in writing that the existing local plan conforms to the structure plan and that there is no need to prepare a local plan for the entire or part of the area of the district concerned.

81. Procedure where local plan conforms to structure plan

(1) Where a Regional Spatial Planning Committee confirms the position of a District Assembly in the region that an existing local plan conforms to the structure plan of the district, a reference to a zoning scheme under this Act includes a reference to that local plan in respect of the area it covers.

(2) The Regional Spatial Planning Committee shall not confirm that a local plan conforms with a structure plan unless the local plan has been subjected to public consultation in accordance with the procedure under section 174.

(3) The public comments shall be considered at a formal meeting which shall be held within thirty days after the expiration of the time stated in the advertisement for the submission of public comments.

82. Post-approval requirement

(1) The confirmation by the Regional Spatial Planning Committee in respect of a local plan shall be published by the Regional Coordinating Council or the District Assembly in a daily newspaper of national circulation.

(2) The local plan shall come into effect on the day it is published.

83. Street Addressing System

A District Assembly shall, subject to subsection (4) of section 145 and Regulations made under this Act, maintain a computerised street addressing system and integrated database.

Zoning Schemes and Matters Related to Zoning
84. Enforcement of zoning schemes pursuant to structure plan

(1) A Regional Spatial Planning Committee may prescribe the preparation of a zoning scheme as part of a structure plan or on its own.

(2) Subject to subsection (3), after the coming into force of the structure plan, the District Assembly shall ensure that buildings and other structural and infrastructural developments in the district conform to the zoning scheme incorporated in the structure plan.

(3) The zoning scheme shall be updated periodically in accordance with Regulations or guidelines made under this Act.

(4) The preparation of an update of the zoning scheme shall conform to the procedure prescribed for the preparation of structure plans in this Act and Regulations made under this Act.

(5) The zoning scheme in a structure plan shall, as a minimum, provide for the following:

(a) use of the land;

(b) land coverage of the construction on a plot;

(c) structure of the building;

(d) size of the building;

(e) height of the building;

(f) orientation of building;

(g) accessibility;

(h) waste disposal;

(i) drainage system;

(j) public utilities; and

(k) floor area ratio.

85. Zoning scheme pending approved structure plan

(1) Where a District Assembly is unable to have an approved structure plan within the time stipulated by this Act or within an extended time determined by the Authority, the Authority may, pending the completion of the structure plan by the District Assembly, coordinate with the Regional Coordinating Council to assist the District Assembly to prepare or to enable the District Assembly to appoint an independent entity to prepare a zoning scheme for the district.

(2) Where an independent entity is engaged to undertake the preparation of a zoning scheme, the independent entity shall undertake the task in accordance with this Act and in consultation with the District Assembly, the Regional Coordinating Council and other entities that may be prescribed by guidelines issued by the Authority.

(3) The Authority shall provide guidelines in respect of zoning schemes affecting

(a) agriculture;

(b) the purchase of the whole of a partially affected agricultural unit;

(c) mining;

(d) utilities including gridlines, pipelines, telephone lines and masts;

(e) highways;

(f) outdoor advertisement;

(g) environment;

(h) conservation;

(i) security;

(j) creation of green belts; and

(k) national, regional, district and local parks.

86. Failure to prepare a zoning scheme

(1) Where in spite of the assistance provided under section 85, a District Assembly is unable to prepare or cause to be prepared a zoning scheme for the district within the time frame required by this Act or set by the Authority, the Authority may request the assistance of the Regional Coordinating Council in the preparation of the zoning scheme.

(2) Where the Regional Coordinating Council prepares a zoning scheme on behalf of a District Assembly, the Regional Coordinating Council shall submit the scheme to the public for comment in accordance with this Act.

87. Effect of approval of zoning scheme

(1) An approved zoning scheme shall be used to determine the user rights for a part of or the whole of a parcel of land within the district.

(2) A zoning scheme shall not deviate from the National Spatial Development Framework, Regional Spatial Development Framework and District Spatial Development Framework.

(3) A District Assembly or the Regional Coordinating Council shall publish a notice of the zoning scheme in the Gazette.

(4) The notice shall state the time and place where the public may view the zoning scheme but the District Assembly shall ensure that the scheme is available for viewing at the Public Data Room during working hours.

(5) Where an approved zoning scheme exists, a District Assembly or responsible entity shall enforce it and any person may lodge a complaint under this Act to the Regional Coordinating Council or the Authority or bring an application in the courts, to compel the District Assembly or the responsible entity to enforce the approved zoning scheme.

88. Adoption of a zoning scheme

A person responsible for the adoption of a zoning scheme shall comply with the procedure specified in this Act and Regulations made under this Act.

89. Interpretation of sections 72 to 88

(1) For purposes of interpretation of sections 72 to 88, a reference in any law to a local plan approved under the Town and Country Planning Ordinance, 1945 (Cap 84) or the National Building Regulations, 1996 (LI 1630), is deemed to be a reference to a zoning scheme or a local plan under this Act.

(2) An existing use right prescribed in terms of a prohibition on the erection of buildings in accordance with the Town and Country Planning Ordinance, 1945 (Cap 84) and any related law then in force is valid under this Act.

90. Conflict with provisions of other laws

(1) Where a provision of this Act is in conflict with any other enactment relating to land use, the provision of this Act shall prevail.

(2) Matters relating to whether or not there is a conflict between land use and a zoning scheme or local plan shall be determined

(a) in the first instance by the District Spatial Planning Committee;

(b) by the Regional Coordinating Council on the advice of the Regional Spatial Planning Committee where a person is not satisfied with the determination of the District Spatial Planning Committee; and

(c) by the courts in respect of matters of law.

91. Register of zoning schemes

(1) Each Regional Coordinating Council shall, after consultation with the Regional Spatial Planning Committee and District Assemblies within the region, publish a register showing an up-to-date list of districts in respect of which approved zoning or local plans are already in effect or have been approved or otherwise adopted under this Act.

(2) Each District Assembly within the region shall ensure that the register is at all times available for inspection by the general public at the Public Data Room of the District Assembly.

(3) The publication of the register is adequate notice to the public of how land use is to be determined by the District Spatial Planning Committee in accordance with published zoning scheme or local plans.

(4) A member of the public may take appropriate action to compel the District Assembly to make the register available and the court may order the District Assembly to compensate the applicant for any loss suffered or cost incurred as a result of the failure of the District Assembly to make the register available.

(5) Each District Assembly shall lodge with Parliament, a copy of a zoning and re-zoning scheme which affects a public space.

92. Publication of zoning scheme or local plan

A variation of a zoning scheme or local plan shall be published in a newspaper of national circulation and on an official website of the Authority and the Regional Coordinating Council.

93. Application for change of use or request for re-zoning

(1) Where a person seeks to change the zoning of the whole or part of a piece of land, that person shall apply in writing to the District Spatial Planning Committee of the district to which the change relates in the form prescribed in the zoning regulations and planning standards.

(2) The request for re-zoning or change of use of land shall be accompanied with a report prepared by a professional planner.

(3) A District Spatial Planning Committee shall not grant a request for change of the existing zoning or land use unless the request is intended to make the zoning of the land comply with the structure plan or zoning scheme or local plan.

(4) Without limiting subsection (3), the change of use or re-zoning of a public space shall be subjected to approval by Parliament.

(5) Where the request for change is for a purpose other than compliance and there is evidence that

(a) a special circumstance has arisen that necessitates the change requested;

(b) a notice of the special circumstance has been brought to the attention of the community in which the land affected by the request is located and an objection has not been raised by that community; and

(c) details of the special circumstance have been made available at the Public Data Room for a period of at least twenty-one days after the request, the District Spatial Planning Committee shall grant the request.

(6) Where an application for re-zoning relates to a change of use and the address of the owners of land abutting the land to which the application relates are not known, the District Planning Officer shall

(a) require the applicant concerned to

(i) give notice in the manner prescribed by Regulations to the owners of land abutting the land to which the application relates;

(ii) advertise the application in the manner prescribed by the Regulations; and

(iii) post the notice in the immediate vicinity of the land concerned subject to Regulations made under this Act;

(b) where an objection against the application is received, submit the objection to the applicant for comment and the comment shall be submitted to the District Assembly through the District Spatial Planning Committee within fourteen days;

(c) request for comment from any person who in the opinion of the Head of the Physical Planning Department of the District Assembly has an interest in the application;

(d) submit the application and relevant documents to the District Spatial Planning Committee;

(e) give notice to the applicant of the decision of the District Spatial Planning Committee and, where applicable, furnish the applicant with a copy of the conditions imposed by the local authority;

(f) give notice to an objector in the manner prescribed by Regulations, of the decision of the District Spatial Planning Committee; and

(g) record the re-zoning in accordance with this Act.

94. Change of use or zoning by District Assemblies

Where there is an application to re-zone land or to change the land use, the Physical Planning Officer shall

(a) give notice of the proposed change of use or re-zoning to the owners of the abutting land if their addresses are known or can be ascertained;

(b) give the owners opportunity to comment on or to make representations; and

(c) publish the re-zoning in a newspaper of national circulation.

95. Existing use rights

(1) Where at the date of commencement of implementation of a zoning scheme, an existing land use is contrary to the zoning scheme, that land use may continue if that land use was first obtained in accordance with the zoning scheme existing at the time of the physical development or at the time the use right commenced or accrued.

(2) The right to continue the use of land under subsection (1) lapses if the right has not been exercised at the time of the commencement of the implementation of the zoning scheme currently in force.

96. Provisions affecting acquisition or the occupation of land generally

(1) After the commencement of this Act, a person shall not dispose of or otherwise let land or property for any purpose unless that person can demonstrate to the prospective buyer or tenant that the land or property has been zoned or re-zoned for the purpose for which it is being let, acquired or otherwise disposed of.

(2) The responsibility of ensuring conformity with the approved land use is on the person disposing of the land.

(3) The person disposing of the land shall attach evidence of the approved land use to the instrument of transfer or conveyance of the land to the person who is acquiring the land.

(4) A person who lets or enters into an agreement relating to land use commits an offence if that person does not have evidence that the premises is zoned for the purpose of the transaction entered into.

(5) A person who commits an offence under this section is liable on summary conviction

(a) in the case of a person who sells, leases or conveys the land, to a fine of not less than three thousand penalty units and not more than five thousand penalty units or to a term of imprisonment of not less than five years and not more than seven years or to both; and

(b) in the case of the person who acquires the land, to a fine of not less than one thousand penalty units and not more than three thousand penalty units or to a term of imprisonment of not less than four years and not more than six years or to both.

97. Land Use Certificate

(1) The Authority shall prescribe the form of a Land Use Certificate.

(2) In granting a permit for physical development, a District Assembly shall attach the appropriate Land Use Certificate to the permit and where necessary shall indicate the conditions applicable to the land use.

(3) An application for Registration of title to land shall be accompanied by a Land Use Certificate.

(4) A District Assembly shall maintain a register of approved physical development in the district and the register shall indicate the land use for each physical development.

(5) The register shall be made available by the District Assembly at the Public Data Room.

98. Land situated in multiple districts

(1) Where land is situated within more than one district, a special zoning or Land Use Certificate shall be issued for that land after a special joint meeting of the connected District Spatial Planning Committees.

(2) A Zoning Certificate issued under subsection (1) shall be jointly signed by the chairperson and secretaries of the Spatial Planning Committees in the affected districts.

99. Complaints of non-compliance

(1) A person may lodge a complaint against an on-going or existing physical development for non-compliance with the zoning scheme.

(2) A District Assembly may, where it receives a complaint on noncompliance, issue a notice to the person responsible for the physical development to suspend the development if the District Assembly is of the view that the development poses a threat to the environment, is in breach of this Act or may cause irreparable harm.

(3) A complaint made under this section shall be considered if it is

(a) made in the prescribed form; and

(b) accompanied by a statement that the complainant has verified from the records at the Public Data Room that the physical development complained of is a deviant development or that the complainant’s attempt to verify was frustrated by officials of the District Assembly or some other relevant entity.

100. Rectification of scheme regulations and provisions

(1) After the commencement of a zoning scheme, the District Spatial Planning Committee shall annotate the scheme and the applicable zoning map and give notice to the land title agencies of the zoning scheme.

(2) The Lands Commission may declare a land transaction to be incomplete if it does not comply with the appropriate zoning or land use requirements prescribed under this Act.

101. Participation in ensuring conformity with zoning

For the purpose of ensuring that a zoning scheme is complied with, a person may lodge a complaint to the District Spatial Planning Committee, Regional Spatial Planning Committee or the Authority as the case may be, to compel the District Assembly to abide by its approved zoning scheme.

102. Contravention of zoning scheme

A person who contravenes a zoning scheme commits an offence and is liable on summary conviction to a fine of not less than one thousand penalty units and not more than three thousand penalty units or to a term of imprisonment of not less than four years and not more than six years or to both.

Provisions Relating to Blight
103. Criteria on blighted areas

(1) A District Assembly may require

(a) an area comprising one or more properties to be acquired for redevelopment; or

(b) an owner to redevelop the land to bring the land to a required standard if the District Assembly is of the opinion that, the current use of the land is not in conformity with the general standard of the vicinity as prescribed by the District Spatial Development Framework, structure plan or local plan.

(2) The Authority may publish guidelines and recommend the making of Regulations by the Minister in furtherance of subsection (1).

(3) In making recommendations for Regulations under this section, the Authority shall ensure that the criteria for determining that an area requires redevelopment include

(a) irregularity of plots or parcels;

(b) inadequacy of streets in the vicinity;

(c) lack of access to plots or habitable dwelling within the area;

(d) diversity of existing use which makes development control difficult or impossible;

(e) incompatibility with

(i) the existing or proposed use;

(ii) the spatial development framework; and

(iii) the structure or local plan;

(f) adverse impact on the environment;

(g) overcrowding leading to unhealthy population density;

(h) lack of sanitation, drainage or appropriate service;

(i) high incidence of crime which has been confirmed to be attributable to the type of development; and

(j) safety or restriction to other authorised users.

(4) In pursuance of redevelopment under this Act, a District Assembly may acquire land including vacant land for the purpose of renewal or improvement of the environment.

(5) Despite any Regulations made under this Act in respect of this section, a decision by a District Assembly to initiate re-zoning or to acquire land for purposes related to blight shall be made at a formal meeting of the District Spatial Planning Committee called for the purpose and the records and the basis of the decision shall be made available at the Public Data Room.

(6) The decision of the District Assembly shall be published in the Gazette and in a newspaper of national circulation for at least twenty-eight days before the decision takes effect.

(7) A person affected by the decision may appeal or lodge a complaint within twenty-eight days after the notice has been published.

(8) Where a District Spatial Planning Committee invokes any of the provisions relating to blight under this Act in respect of an area considered to be affected by blight but for which the District Assembly has specified that a detailed local plan is required, the District Spatial Planning Committee shall prepare a local plan for the area affected.

Compensation and Betterment
104. Provisions as to compensation

(1) A person

(a) whose property is adversely affected by the operation of a scheme or by the execution of a work under a scheme under this Act, or

(b) who for the purpose of complying with a scheme or in respect of redevelopment under a scheme incurs an expenditure which is made nugatory by a revocation or modification of the scheme, may recover as compensation from the District Assembly, so far as is reasonable, the amount of the expenditure incurred.

(2) The Authority shall, for the purpose of ensuring compliance with this Act, make rules to provide for

(a) claims for compensation and payment of compensation;

(c) recovery of compensation;

(d) charges for betterment;

(e) the definition of betterment;

(f) determination of betterment;

(g) payment of betterment charges; and

(h) the effect of failure to pay for betterment charges.

105. Loss pursuant to accrued rights

(1) A person who has an accrued right and claims to have suffered a loss as a result of a zoning scheme may apply to the relevant District Assembly through the District Spatial Planning Committee.

(2) A District Spatial Planning Committee shall grant an application if it determines that the applicant has suffered a loss.

(3) The District Assembly may acquire the land of the applicant where the District Assembly determines that in the circumstance acquisition is appropriate.

(4) The Land Valuation Division of the Lands Commission shall provide the values which shall form the basis for determining the applicable value of the land for compensation.

106. Claims for compensation

A person

(a) whose property is adversely affected by the coming into operation or the execution of a development plan,

(b) who for the purpose of complying with an approved development plan incurs an expense because of a subsequent revocation or

(i) modification of the plan, or

(ii) variation of a development permit granted to that person, or

(c) who is aggrieved by a decision or, an action relating to a development plan or the enforcement of a development plan, may within six months after the date of the revocation or modification of the plan or of the revocation or variation of the permit or of the taking of the decision or action complained of, lodge a claim for redress or compensation with the District Assembly.

107. Compensation for detrimental effect after change in land use

Where a District Assembly decides to change the use of land in respect of which a person has acquired a land use right under the Town and Country Planning Act, 1945 (Cap 84) and the Towns Act, 1951 (Cap 86) or to amend a Land Use Certificate acquired by a person after the coming into force of this Act, the District Assembly shall pay compensation at a value determined by the Land Valuation Division of the Lands Commission to

(a) a person whose land is adversely affected or who suffers a loss as a result of the change in the already acquired land use right or by the execution of work authorised by the District Spatial Planning Committee; or

(b) a person who incurs an expense as a result of the change in land use by complying with the directive of the District Spatial Planning Committee.

108. Institution of claim for compensation

A claim for compensation under sections 104 and 107 shall be instituted within six months after the date of commencement of the act which gave rise to the claim.

109. Elimination and limitation of compensation in certain cases

Compensation shall not be paid in respect of damage to land

(a) caused by the commencement of a land use scheme which

(i) prescribes the space for buildings;

(ii) fixes building lines;

(iii) regulates the position of buildings on each premises in relation to other buildings;

(iv) regulates or empowers the District Assembly or appropriate authority to regulate the character, size or height, harmony, design or external appearance of buildings, including the materials used in the construction of buildings or to secure the safety or integrity of the structure or compliance with the Building Regulations;

(v) limits the number of buildings which may be erected on any premises;

(vi) prescribes the maximum area which may be built on any premises;

(vii) restricts the manner in which buildings may be used;

(viii) regulates, in the interests of safety, the heights and position of existing and proposed walls, fences or hedges near the corners or bends of streets;

(ix) with a view to remove restrictions to or improve the flow of human, vehicular or other traffic or to curtail the obstruction of traffic, requires that a building should make provision for areas where vehicles can be loaded or unloaded or where persons who are employed or resident on the premises can park their vehicles;

(x) prohibits or restricts building operations permanently on the ground that, by the nature of the land, the erection of buildings on the land is likely to pose danger to life, cause injury, undermine good health or lead to excessive expenditure of public money in the provision of roads, required public open space or relevant pedestrian access;

(xi) prohibits the use of land for a purpose likely to pose danger to life, endanger health or be a detriment to the neighbourhood and restricts the use of land so far as is necessary for preventing the danger or detriment; and

(xii) limits the number or prescribes the sites of roads entering or exiting, the site of a proposed road or the access and egress requirements to land under the scheme;

(b) if the claim for compensation relates to the operation of a provision of an estate or a land use scheme, and the provision could have been made and enforced under another law without liability to the District Assembly;

(c) that relates to the demolition or alteration of any building or works unless the building or works which the District Assembly demolished or altered was approved by the District Assembly before the estate or land use scheme came into operation;

(d) that relates to a building erected or a work done which is inconsistent with any provision of an estate or a land use scheme; and

(e) as a result of the revocation of a provision of a land use scheme by a subsequent scheme, where the claim for compensation is on the ground that the land has been injuriously affected by the later provision if that later provision is the same or substantially the same as the earlier provision revoked.

110. Compensation due

(1) Despite the provisions of section 109, compensation is payable if

(a) by fixing a fence line in terms of a provision of an estate or land use scheme, the area of the land fronting the street or the proposed street will be diminished to an extent that renders the land substantially less suitable for the erection of a building or buildings in conformity with the zoning scheme; or

(b) as a result of the enforcement of a provision of an estate or a land use scheme, a building is required to be used in a manner different from that which the District Assembly had approved before the date the District Assembly gave the new land use directive.

(2) Where a person is entitled to compensation under this Act in respect of a matter and that person is entitled to compensation in respect of the same matter under another law, that person is not entitled to compensation in respect of that matter or thing under both this Act and that other law, and that person is not entitled to a greater compensation under this Act than that under the other law.

(3) A claim made within the time limit provided under this Act may be enforced in the same manner as if the earlier land use scheme had continued in operation, if at the date of the revocation of the earlier provision

(a) there is still a claim for compensation outstanding; or

(b) the time originally limited for making the claim has not expired.

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