S.L. 499.57 Art. 17Contribution payable by persons commencing the construction of buildings having access to a road belonging to the Government. Cap. 552

(1) (a) Subject to the provisions of regulations 13,

14, 15 and 16, no person may commence the construction of any building having access to, or having any window or other opening on to, any road belonging to the Government, before paying to the

Planning Authority, in respect of the formation of the said road, a contribution equal to the cost, as at the time of payment of the contribution, of the formation of such road (such cost to include the value, as at the time of payment of the contribution, of the land required for the formation of the road) or before paying to the Planning Authority at least twenty-five per cent of such contribution and at the same time undertaking in writing to pay the balance within a period of not more than twelve months by equal monthly instalments, commencing one month from the date of such payment and undertaking:

Provided that where the land on either side or on both sides of the road belongs to different owners the total contribution shall be apportioned among such owners in proportion to the frontage of the land belonging to each owner on to such road, in such manner that the whole cost of the road shall be distributed in proportion to such frontage among the various owners.

(b) Where any monthly instalment referred to in paragraph (a) is not paid within ten days from the date when the payment of such instalment falls due, the whole amount of the outstanding contribution shall become and be immediately due and owing to the Planning Authority and the person who made the undertaking referred to in the said paragraph shall be deemed to have commenced the construction of the building in contravention of this regulation.

(2) A contribution in respect of the cost of the widening of any road, at whatever time carried out, may be claimed by the Planning Authority as in the case of a new road and such contribution shall only be levied from the owner who has or owners who have derived a benefit from such widening and shall be apportioned in proportion to the benefit so derived.

(3) Where any road to which this sub-regulation applies exceeds eighteen metres in width, the cost of the formation or widening of the road in excess of such width shall not be taken into account in fixing the contribution payable to the Planning Authority.

(4) Any contribution payable under the provisions of this regulation and any apportionment thereof among the owners shall, in default of agreement, be fixed by the Planning Authority:

Provided that any party interested may impugn the assessment of the Planning Authority by an application before the competent civil court.

(5) The rates of contributions which may be levied in respect of any class or type of building and the manner of their collection shall be those established under regulations made in terms of article 42 of the Development Planning Act.

(6) The said contributions shall be collected and levied by the Planning Authority on account of the Government.