Cap. 552 Art. 42Where the Executive Council isunabletoprepare a plan or policy.

(1) Where the Executive Council informs the Minister within thirty days of receipt of a request from the Minister to prepare or review a plan or policy, that it is unable to prepare or review the plan or policy, the Minister shall request any person that the Minister deems competent in terms of sub-article (5), including any government agency, other than the Executive Council, to prepare on his behalf a plan or policy or a revision of such a plan or policy.

(2) The Minister shall also request the said person to comply with article 53(2)(a) and (b).

(3) If the Executive Council agrees with such a plan, policy or revision thereof, it shall adopt it for submission to the Minister for his approval; and the provisions of article 53(2) shall, mutatis mutandis, apply.

(4) If the Executive Council does not agree with the said plan, policy or revision of such plan or such policy, it shall draw up a position statement indicating the changes to be made to the said plan, policy or revision thereof and shall refer both the said plan, policy or revision of such plan or such policy and its position statement to the Minister; and the provisions of article 53(2)(g), (h), (i) and (j) shall mutatis mutandis apply.

(5) The plan, policy or the revision of such plan or policy shall only be prepared by or under the direction of an expert in the environment or spatial planning fields, having such qualifications as the Minister may prescribe.