Cap. 504 Art. 76Obligations.

(1) An environment and planning obligation may be entered into in those cases where the Authority, in connection with a grant of a licence or development permission, seeks to impose on the applicant an obligation:

(a) to carry out an activity or works:

(i) on the land in respect of which development permission is sought, or

(ii) on any other land or area, or

(iii) on the land or area mentioned in both subparagraphs (i) and (ii); or

(b) to make some payment or confer some extraneous right or benefit, where the Authority considers it to be more appropriate. The Authority shall seek to obtain these benefits or gains by means of conditions attached to a grant of the licence or development permission or by means of an environment and planning obligation entered into by a public deed made by the applicant for the licence or development permission with the Authority.

(2) Any person may, by agreement with the Authority, enter carried out, in, on, under or over that land or area;

(c) requiring that land or area to be used in any specified way; or

(d) requiring a sum or sums to be paid to the Authority on a specified date or dates or periodically.

(3) The Minister may, in consultation with the Authority, make regulations for giving better effect to the provisions of this article and may, without prejudice to the generality of the foregoing:

(a) prescribe the procedure how an environment and planning obligation may be entered into, enforced, modified and discharged;

(b) establish any restrictions, conditions or the payment of any sums of money which may be imposed in such an environment and planning obligations; and

(c) regulate appeals to the Tribunal made in terms of sub-article (4).

(4) The applicant and any person interested in land may appeal to the Tribunal from a planning obligation entered into in terms of sub-article (1).