Cap. 504 Art. 51The Strategic Plan for the Environment and Development and its preparation and review.

(1) The Strategic Plan for the Environment and Development:

(a) is a strategic document regulating the sustainable management of land and sea resources;

(b) shall be based on an integrated planning system that ensures the sustainable management of land and sea resources together with the protection of the environment;

(c) must set out policies in relation to the development and use of land and sea and shall be illustrated by diagrams as necessary and accompanied by an explanatory memorandum giving a reasoned justification for each of the policies and proposals contained in the plan;

(d) must ensure that:

(i) plans, policies and programmes issued under this Act are spatial, holistic and comprehensive so that all factors in relation to land and sea resources and related environment conservation are addressed and included and to balance demands for development with socio-economic considerations and the need to protect the environment;

(ii) sectoral policies, activities and inputs are integrated and coordinated with each other, combining the inputs of all disciplines and groups;

(iii) all actions are based on a clear understanding of the natural and legitimate objectives and needs of individual land users;

(iv) it follows other national policies and plans.

(2) The Authority shall monitor the Strategic Plan for the Environment and Development and review it as often as may be necessary, provided such review does not take place within a period of less than five years. Every such review shall be made in accordance with the goals and objectives of a revision of the Strategic Plan for the Environment and Development as may be approved by Cabinet and take effect as provided in the following provisions of this Part. In order to achieve the objectives set out in this article, Cabinet shall take the necessary measures intended to coordinate and improve the spatial impacts of other sectoral policies and their relation to, or inclusion in, the Strategic Plan for the Environment and Development. with the following provisions of this Part. Such a partial review of the Strategic Plan for the Environment and Development shall not adversely affect a development permission validly issued in favour of any person before the date of the coming into force of such a review.

(4) Cabinet may approve a statement of goals and objectives to be achieved by a partial review of the Strategic Plan for the Environment and Development, and, or, a proposal together with a position statement with regard to that review. After such approval, the Minister shall send to the Authority that statement of goals and objectives, and, or, that proposal and position statement. When the Authority receives that statement of goals and objectives and, or, the proposal and position statement, it shall conform with the procedure laid down in sub-articles (5) to (7), if the matters referred to therein have not already been carried out, in the same manner as if the proposal had been initiated by the Authority; and the provisions of sub-article (3) and of article 52 shall apply. If the Authority disagrees with the Minister’s proposal or with his position statement, it shall prepare its position statement indicating the changes that it proposes or its reactions thereto. The Minister shall then conform with the provisions of article 53 and, for the purposes of article 52(1), the expression "representations" shall include the Authority’s position statement.

(5) For the preparation or review of the Strategic Plan for the Environment and Development the Authority shall carry out surveys of those matters which affect the character and quality of the environment, its conservation and its development, including, but not limited to:

(a) demographic considerations;

(b) the agricultural, industrial, commercial, touristic and other existing and, or projected economic activities of the country including the employment patterns arising therefrom;

(c) leisure and recreation;

(d) social and community services and facilities;

(e) communications, traffic and transport;

(f) public utility services;

(g) the conservation and preservation of natural and man-made resources;

(h) the state of the environment report, nitrate vulnerable zone mapping, flood sensitivity mapping, other issues emanating from water, air quality and waste framework regulations;

(i) such other matters as may be required by the Government or which may be deemed necessary by the Authority.

(c) the environmental policies affecting development;

(d) the policies of the Government with respect to the matters set out in sub-article (5);

(e) the resources likely to be available for the implementation of the plan;

(f) all possible land and sea-use options in selecting the best use for a given area of land or sea.

(7) During the preparation or review of the Strategic Plan for the Environment and Development the Authority shall make known to the public the matters it intends to take into consideration and shall provide adequate opportunities for individuals and organisations to make representations to the Authority.

(8) A partial review of the Strategic Plan for the Environment and Development which is necessitated by the adoption of or an amendment to a subsidiary plan need not comply with the provisions of sub-articles (5) and (6) if the matters referred to therein and that are relevant to the partial review have already been carried out in the preparation of the subsidiary plan.