Cap. 549 Art. 51Procedure for subsidiaryplanand policies.

In the preparation or review of a subsidiary plan or policy, the following procedure shall be followed:

Where the Authority prepares a subsidiary plan or policy or review thereof as aforesaid, it shall seek the Minister’s approval in terms of the following procedure:

(a) during the preparation or review of a subsidiary plan or policy, 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;

(b) when the subsidiary plan or policy or a revision thereof has been prepared, the Authority shall publish the plan or policy together with a statement of the representations it has received and the responses it has made to those representations. The Authority shall invite representations on the plan or policy to be submitted to it within a specified period of not less than six weeks

(c) the Authority shall adopt the subsidiary plan or policy after taking into consideration all the representations submitted to it as aforesaid;

(d) the Authority shall refer the subsidiary plan or policy to the Minister. It shall also forward to the Minister:

(i) the statement of representations;

(ii) the responses and amendments it has made as a result of those representations;

(iii) a precise indication of all other amendments it has made to the plan or policy; and

(iv) all the documentation and studies relative to the preparation of the subsidiary plan;

(e) the Authority shall also publish the plan or policy and invite representations on the matters indicated in paragraph (d)(iii) to be submitted within a specified period of not less than six weeks;

(f) the Authority shall adopt the subsidiary plan or policy after taking into consideration all the representations submitted to it as aforesaid and shall refer the subsidiary plan or policy to the Minister for his approval. It shall also forward to the Minister:

(i) the statement of representations; and

(ii) the responses and amendments it has made as a result of those representations;

(g) where the Minister agrees with the subsidiary plan he shall approve it as submitted by the Authority and the Authority shall upon such approval publish the same together with the statements, responses, documentation and studies referred to in paragraphs

(d) and (f);

(h) where the Minister does not agree with the subsidiary plan as adopted by the Authority in accordance with paragraph (f), he shall prepare a position statement stating his proposed changes or his reactions to the Authority’s subsidiary plan and shall refer back the subsidiary plan to the Authority together with his position statement;

(i) where the Authority does not agree with the Minister following the referral back to it of the subsidiary plan by the Minister, it shall draw up a position statement and shall refer it back to the Minister;

(j) the Minister shall then issue a final position statement. He shall forthwith communicate it to the Authority;

(k) the Authority shall forthwith amend the subsidiary plan in accordance with the Minister’s final position statement and submit the same for the Minister’s final approval;

(l) upon such approval by the Minister, the Authority shall publish the subsidiary plan together with its own position statements and those of the Minister and together with the statements, responses, documentation and studies referred to in the preceding paragraphs;

(m) where the subsidiary plan or any part thereof extends the scope of or is in conflict with the National Strategy for the Environment, the Minister shall comply with the provisions of articles 45 to 47 with regard to such subsidiary plan or any part thereof, provided that those parts of the subsidiary plan that do not extend the scope of or are not in conflict with the National Strategy for the Environment shall come into force on the date of approval by the Minister.