Section 45: Procedure on proposals for development by Government
consolidated text (as at 2013). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
45. Procedure on proposals for development by Government
(1) (a) Where Government proposes to undertake a development, the
Minister responsible for the relevant department or Ministry shall forward the
proposal to the Minister.
(b) Any foreign Government or international organisation intending to
undertake development shall forward the proposal for development to the
Minister to whom responsibility for the subject of foreign affairs is assigned,
who shall refer the proposal to the Minister.
(2) The Minister shall, as soon as practicable, forward the proposal to the
local authority.
(3) The local authority shall, within 35 days of the receipt of the proposal
for development, submit any representations that it may have on that proposal to the Minister.
(4) Where the representations of the local authority are to the effect that
the development should not take place within its area of jurisdiction, the
Minister shall refer the proposal to the Commission, together with the representations of the local planning authority and such other comment on the
proposal as he deems necessary.
(5) The Commission shall, within 42 days of the receipt of the proposal
from the Minister, make such recommendations as it considers appropriate to
the Minister.
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Planning and Development Act
(6) The Minister may authorise the development, with or without amendments, after taking into account the recommendations of the Commission.
(S. 45 not in operation.)
PART VIII – CERTIFICATION OF DEVELOPEMENT
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Questions this section answers
- Can my local authority object to a proposed Government development in its area?