Cap. 552 Art. 55Development orders.

(1) The Executive Council may on its own motion or following a request by the Minister prepare or review development orders regulating development and other activities which may otherwise require the submission of an application prior to their carrying out, in such circumstances and under such conditions as may be specified in the order, being development and activities within the scope of, and not in conflict with, the proposals contained in any plan or policy approved under this Act.

(2) A development order may include works and activities deemed compatible with the area in which they are being carried out.

(3) Development orders under this Act shall not be published unless a draft of the said orders has been issued for public consultation thereby allowing any person a period of at least two weeks to make representations to the Executive Council stating how in his opinion the proposed or revised orders could be improved to reach their ultimate aim:

Provided that within the said period the Executive Council shall consult the Chamber of Architects and Civil Engineers and the Chamber of Planners and shall invite representations to be submitted to it within the said period: Provided further that the provisions of this sub-article shall Provided that in all cases, including urgent ones, the Local Council or Councils affected shall be informed.

(4) Following the consultation period, the Executive Council shall adopt the development orders with or without amendments and shall refer the same orders together with representations received within the consultation period specified in sub-article (3) together with the relative responses made to such representations to the Minister for final approval. The Minister may approve the development orders as adopted by the Executive Council or amend the development orders and such orders shall then be published in the Gazette and shall have effect from the date specified or indicated therein.

(5) Works and activities carried out under development orders are to be carried out under the supervision of a person holding a warrant of perit, or under the supervision of such other persons who are competent for the purpose as the Minister may by regulations prescribe and, where required in the order as specified in sub-article (6), works and activities are to be notified in writing to the Planning Board.

(6) A development order may regulate:

(a) development or an activity described as permitted in a development order which development or activity does not require that written notification of such development or activity be given to the Planning Board;

(b) development or an activity described as permitted in a development order provided that written notification of such development or activity is to be given to the Planning Board;

(c) development or an activity described as permitted in a development order provided that written notification of such development or activity is to be given to the Planning Board and the Planning Board has endorsed such development or activity as being permitted.

(7) No new development or activity in terms of a development order may be carried out on a site if on the said site there exists an illegal development of whatever nature, or if an activity has been carried out in breach of the provisions of this Act, unless that new development or activity is one which the Executive Council may prescribe and which is covered by a development order as mentioned in sub-article (6).