A510
Ord. No. 71/87
(Cap. 131.)
Submission of plans to Town Planning Board.
(Cap. 131.)
(Cap. 131.)
(Cap. 131.)
Power of
Secretary to recommend resumption.
(Cap. 124.)
(Cap. 131.)
LAND DEVELOPMENT CORPORATION
(3) Without prejudice to the generality of subsection (2)(a), a plan prepared thereunder may provide for the grant of permission under section 16 of the Town Planning Ordinance, for all purposes or for any purpose, and may prohibit any development not compatible with any development scheme prepared under subsection (1).
14. (1) The Secretary may, at the request of the Corporation made in writing to him in that behalf, submit any plan prepared under section 13(2)(a) to the Town Planning Board for approval under this section.
(2) Upon submission of a plan the Town Planning Board may
(a) approve it; or
(b) refuse to approve it.
(3) A plan approved by the Town Planning Board under this section shall be deemed to be a draft plan prepared by the Town Planning Board for the purposes of the Town Planning Ordinance and the provisions of that Ordinance shall apply accordingly.
(4) Where under section 5 of the Town Planning Ordinance a plan which is deemed to be a draft plan by virtue of subsection (3) of this section is exhibited, such plan shall, from the date that the exhibition of the plan is first notified in the Gazette, replace or amend according to its tenor, any approved or draft plan under that Ordinance relating to the area delineated and described therein.
(5) Where under section 9 of the Town Planning Ordinance the Governor in Council refuses to approve a plan which is deemed to be a draft plan by virtue of subsection (3) of this section, such refusal shall be notified in the Gazette and shall revive any approved or draft plan under that Ordinance which, under subsection (4) of this section, was amended or replaced thereby.
PART V
RESUMPTION OF LAND
15. (1) The Corporation may in the circumstances specified in sub- section (2) apply in writing to the Secretary requesting him to recommend to the Governor in Council the resumption of land under the Crown Lands Resumption Ordinance.
(2) The circumstances referred to in subsection (1) are—
(a) that the Corporation has been unable to acquire any land within the area of a plan which is deemed to be a draft plan by virtue of section 14(3) of this Ordinance; or
(b) that the Corporation has been unable to acquire any land which it requires to implement a development proposal authorized under section 5(2)(b) of this Ordinance.
(3) The Secretary shall not make a recommendation in pursuance of subsection (2)(a)——
(a) unless application is made to him not later than 12 months after the approval by the Governor in Council under section 9 of the Town Planning Ordinance of such plan or such further period as the Secretary may allow; and
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LAND DEVELOPMENT CORPORATION
Ord. No. 71/87
A511
(b) unless he is satisfied that the Corporation has taken all reasonable steps to otherwise acquire the land including negotiating for the purchase thereof on terms that are fair and reasonable.
(4) The Secretary shall not make a recommendation in pursuance of subsection (2)(b)—
(a) unless the development proposal may lawfully be implemented by virtue of the provisions of any draft or approved plan for the purposes of the Town Planning Ordinance and, in the case where (Cap. 131.) by virtue of such plan, permission under section 16 of that Ordinance is required for that implementation, the permission required has been obtained;
(b) unless the application for resumption is accompanied by a
statement-
(i) setting out how the Corporation intends that the proposal will be implemented, including whether implementation will be by the Corporation alone or the Corporation in association with another person and in relation to land within the boundaries of the proposal, what portion of the land is owned or leased by the Corporation and what arrangements have been made or are con- templated by the Corporation for the acquisition of any land not so owned or leased;
(ii) containing an assessment by the Corporation as to the likely effect of the implementation of the proposal, including, in relation to the residential accommodation of persons who will be displaced by the implementation of the proposal, an assessment as to whether or not, insofar as suitable accommodation for such persons does not already exist, arrangements can be made for the provision of such residential accommodation in advance of any such displacement which will result as the proposal is im- plemented; and
(c) unless he is satisfied that the Corporation has taken all reasonable steps to otherwise acquire the land including negotiating for the purchase thereof on terms that are fair and reasonable.
(5) For the purpose of this section, in considering whether or not the Corporation has negotiated for the purchase of the land on terms that are fair and reasonable, the Secretary may consult any person not being a public officer whom he considers may be able to assist him in forming an opinion on which to base his decision in respect of that negotiation.
(6) A resumption in pursuance of a recommendation by the Secretary under this section shall be deemed to be a resumption for a public purpose within the meaning of the Crown Lands Resumption Ordinance.
16. (1) The Secretary or any person authorized by him in writing may for the purposes of section 13(2)(c), 15(3)(b), 15(4)(b)(ii) or 15(4)(c)—
(a) at any reasonable time during daylight, with the consent of the occupier thereof, or of the owner thereof if there is no occupier or if the occupier cannot be found, enter and inspect any building, structure, or part thereof erected on any land situated within the boundaries of a development scheme or of a development pro- posal authorized under section 5(2)(b) and take such particulars as he thinks fit; and
(Cap. 124.)
Power to enter and inspect.