Development Planning Act (Cap. 552), article 53

53. (1) In the preparation or review or withdrawal of a subsidiary plan or policy, whether such plan or policy is prepa red, reviewed or withdrawn on the Executive Council’s own motion or following direction from the Minister, the procedure set out in this article shall be followed with respect to the said plan or poli cy. (2) In the preparation or review of a subsidiary plan or policy, the Executive Council shall comply to the following procedure: (a) prior to the preparation of the draft of the subsidiary plan or policy, or a review thereof, the Executive Council shall provide adequate opportunities for individuals and organisations to make representations to the Executive Council for a period of not less than three weeks; (b) when the draft of the subsidiary plan or policy or a review thereof has been prepared, the Executive Council shall: (i) publish the draft of the subsidiary plan or policy or a review thereof together with a statement of the representations it has received during the preceding public consultation exercise, and the responses it has made to those representations that were received within the consultation period specified in paragraph (a); (ii) invite representations on the draft of the subsidiary plan or policy or a review thereof, to be submitted to it within a specified period of not less than six weeks; (iii) refer the draft of the subsidiary plan or policy or a review thereof to the Standing Committee on the Environment, Climate Change and Development Planning established by article 60 for its effective scrutiny, which Committee shall draw up a report within the consultation period specified in sub- DEVELOPMENT PLANNING [CAP. 552. 31 paragraph (ii) and forward it to the Executive Council; (c) if the Executive Council does not make changes to this draft, it shall adopt it and refer it to the Minister as the final draft. It shall also forward to the Minister: (i) the statement of representations it has received during the preceding two consultation exercises; (ii) the responses it has made as a result of those representations that were received within the consultation periods specified in paragraphs (a) and ( b)(ii); (iii) the report of the Standing Committee on the Environment, Climate Change and Development Planning; and (iv) all the relative documentation and studies in relation to the preparation of the subsidiary plan or policy; (d) paragraphs ( g), (h), (i) and ( j) shall then apply; (e) if the Executive Council makes changes to this draft after the public consultation process mentioned in paragraph (b)(ii), the Executive Council shall adopt the revised draft and publish the amendments. It shall then invite representations on the amendments within a specified period of not less than six weeks and refer the amendments to the Standing Committee on the Environment, Climate Change and Development Planning for its effective scrutiny which Committee shall prepare a new report if deemed necessary and forward it to the Executive Council; (f) the Executive Council shall refer the final draft of the subsidiary plan or policy as adopted by it to the Minister for his approval without further amendments together with: (i) all the statements of representations and all the responses made to those representations that were received within the consultation period specified for each consultation period; (ii) all reports prepared by the Standing Committee on the Environment, Climate Change and Development Planning; (iii) a precise indication of all the amendments it has made to the plan or policy; and (iv) all the relative documentation and studies in relation to the preparation of the subsidiary plan or policy; (g) where the Minister agrees with the final draft of the subsidiary plan or policy or a review thereof, he shall approve it as submitted by the Executive Council and shall refer it to the Standing Committee on the Environment, Climate Change and Development 32 [CAP. 552. DEVELOPMENT PLANNING Planning where applicable in terms of Schedule III of this Act for its effective scrutiny. The Standing Committee shall discuss the subsidiary plan or policy or review thereof within one month and report to the House within one month from when the subsidiary plan or policy was discussed. The Standing Committee shall also refer a copy of the report to the Minister. The Minister shall take cognisance of the report and when no further changes are proposed provide his final approval. The Executive Council shall also publish a consolidated version of the subsidiary plan or policy; (h) where the Minister does not agree with the final draft of the subsidiary plan or policy or a review thereof as adopted by the Executive Council, he shall prepare a position statement informing the Executive Council of the changes proposed by the Minister to the final draft. Where in such a position statement it is proposed that any land be excluded from a development boundary as indicated in a local plan, the Executive Council shall publish in the Gazette and in two local daily newspapers a notice showing the land that is to be excluded; (i) the Executive Council shall forthwith amend the final draft of the subsidiary plan or policy or a review thereof in accordance with the Minister’s position statement and submit the same for the Minister’s approval. The Minister shall refer the amended final draft of the subsidiary plan or policy or a review thereof to the Standing Committee on the Environment, Climate Change and Development Planning where applicable in terms of Schedule III of this Act for its effective scrutiny. The Standing Committee shall discuss the subsidiary plan or policy or review thereof within one month and report to the House within one month from when the subsidiary plan or policy was discussed. The Standing Committee shall also refer a copy of the report to the Minister. The Minister shall take cognisance of the report and when no further changes are proposed provide his final approval. When further changes are required, the Minister shall prepare a position statement informing the Executive Council of the changes required and the Executive Council shall forthwith amend the amended final draft in accordance with the Minister’s position statement and submit the same for the Minister’s final approval; (j) upon such approval by the Minister, the Executive Council shall publish the approved subsidiary plan or policy or a review thereof together with the representations and responses. The Executive Council shall also publish a consolidated version of the subsidiary plan or policy. (3) In the withdrawal of a subsidiary plan or policy, the DEVELOPMENT PLANNING [CAP. 552. 33 Executive Council shall comply with the following procedure: (a) prior to the preparation of a notice of withdrawal of a subsidiary plan or policy, the Executive Council shall provide adequate opportunities for individuals and organisations to make representations to the Executive Council for a period of not less than six weeks; (b) consult the Standing Committee on the Environment, Climate Change and Development Planning established by article 60 on the intention of preparing a notice of withdrawal of a subsidiary plan or policy, which Committee shall draw up a report within the consultation period indicated in paragraph (a); (c) on the lapse of the public consultation process mentioned in paragraph ( a) the Executive Council shall prepare a position statement confirming the withdrawal of the subsidiary plan or policy, or otherwise, and refer it to the Minister. It shall also forward to the Minister: (i) the statement of representations it has received during the preceding consultation exercise; (ii) the responses it has made as a result of those representations that were received within the consultation period specified in paragraph (a); (iii) the report of the Standing Committee on the Environment, Climate Change and Development Planning; (d) upon receipt of the position statement and documents from the Executive Council, the Minister shall refer them to the Standing Committee on the Environment, Climate Change and Development Planning where applicable in terms of Schedule III of this Act for its effective scrutiny. The Standing Committee shall discuss the position statement and documents within one month and report to the House within one month from when the position statement and documents were discussed. The Standing Committee shall also refer a copy of the report to the Minister. The Minister shall take cognisance of the report and inform the Executive Council of his final decision together with reasons for reaching such a decision and the Executive Council shall forthwith publish a notice of withdrawal in line with the Minister’s final decision together with the representations and responses. (4) The Executive Council shall monitor every subsidiary plan or policy and review such plan or policy in part or in full, as frequently as may be necessary. The procedure in this article shall apply for such reviews. Minor modifications applications.