Section 5: Application for morcellement permit

5. Application for morcellement permit (1) Every developer shall make his application to the Board for a morcellement permit. (2) No person shall make an application under subsection (1) unless— (a) the proposed morcellement is in conformity with the outline scheme or detailed scheme, in respect of the planning area where the proposed morcellement is to be carried out; (b) where applicable, an authority for land conversion under the Sugar Industry Efficiency Act has been obtained in respect of the proposed morcellement; (c) where applicable, it is accompanied by— (i) a preliminary environmental report or an EIA licence, as the case may be; and (ii) a morcellement plan prepared and signed by a land surveyor, delineating the external boundaries of the land to be divided in accordance with a memorandum of survey under the Cadastral Surveyors Act; and (d) the plan referred to in paragraph (c) (ii)— (i) shows the roads required to give access directly or indirectly to any public road as well as any road required for the purpose of internal access to all the lots comprised in the proposed morcellement; (ii) shows the constructional character of the works to be done as well as any connection with existing roads, sewers or other works and the lines and levels of such works, including the infrastructural works, to be done containing specifications of the foundation, form, thickness and dimensions of the works. (3) Any error with regard to the external boundaries of the land shall be rectified by a fresh memorandum of survey and the land surveyor shall be liable for any claim for compensation which may arise from his error or the consequences of his error. (4) The Board or any member of the Board shall not be liable for any defective plan or measurement of the land surveyor. (5) An application under subsection (1) shall— (a) be in accordance with the guidelines published by the Board, in terms of the requirements and application of the law and the procedures to be adopted; (b) be made in such form as the Board may determine; (c) contain such other information and particulars as may be specified in the application form; and M67 – 3 [Issue 9] Morcellement Act (d) be made in one original and accompanied by the documents specified in the guidelines referred to in paragraph (a). (5A) (a) The Secretary to the Board shall, on receipt of an application, forthwith examine the application and shall, where the application is— (i) complete and in accordance with the guidelines referred to in subsection (5) (a), give, within 3 working days of the date of receipt of the application, written notice to the applicant thereof; or (ii) not complete or not in accordance with the guidelines referred to in subsection (5) (a), give, within 3 working days of the date of receipt of the application, written notice to the applicant thereof, specifying the information or documents required. (b) An applicant shall, within 8 working days of the notification under paragraph (a) (ii), submit the required information or documents. (c) Where an application is complete, the Secretary to the Board shall forthwith refer the application to the Board and the Board shall examine the application in accordance with section 6. (6) The guidelines referred to in subsection (5) (a) shall be posted on the website of the Ministry responsible for the subject of lands. (6A) (a) The Board shall examine and consider an application made under subsection (1). (b) In the course of the examination of bmit the required information or documents. (c) Where an application is complete, the Secretary to the Board shall forthwith refer the application to the Board and the Board shall examine the application in accordance with section 6. (6) The guidelines referred to in subsection (5) (a) shall be posted on the website of the Ministry responsible for the subject of lands. (6A) (a) The Board shall examine and consider an application made under subsection (1). (b) In the course of the examination of an application under paragraph (a), the Board may request the developer to attend a meeting of the Board, within the period referred to in section 6 (1), for the purpose of giving such clarification or explanation relating to the application as the Board may determine. (7) — [S. 5 repealed and replaced by s. 15 (c) of Act 1 of 2009 w.e.f. 16 April 2009; amended by s. 22 (4) (b) of Act 22 of 2011 w.e.f. 1 July 2013; s. 36 (b) of Act 9 of 2015 w.e.f. 14 May 2015; s. 36 (a) of Act 18 of 2016 w.e.f. 15 November 2016.] 5A. — [S. 5A inserted by s. 21 of Act 20 of 2011 w.e.f. 16 July 2011; repealed by s. 19 (a) of Act 4 of 2017 w.e.f. 20 May 2017.]