Section 7: Building and Land Use Permit

7. Building and Land Use Permit (1) Notwithstanding any other enactment, this section and section 8 shall have effect in relation to any area which is the subject of an Order under section 6. [Issue 5] T13 – 6 Revised Laws of Mauritius (2) The local authority shall be the sole authority empowered to grant a permit for the development of land. (3) Every person who intends to develop land shall apply for a Building and Land Use Permit under section 98 of the Local Government Act 2003. (4) — (5) The local authority shall, in dealing with an application under section 98 of the Local Government Act 2003, have regard to the question whether the proposed development is in any way likely to contravene an outline or detailed scheme being prepared in respect of the area concerned. (6) Any person aggrieved by a decision of a local authority under section 117 of the Local Government Act 2011 may, appeal to the Tribunal in accordance with the Environment and Land Use Appeal Tribunal Act. (7) (a) The Board may, proprio motu, where a permit under section 98 of the Local Government Act 2003 has been granted by a local authority, inquire into the facts of the case and, if it is satisfied that the granting of the permit is contrary to any scheme that is being prepared, may, subject to the Minister’s approval, direct the local authority to cancel the permit. (b) Any interested party may be represented at an inquiry under paragraph (a). (8) Any person aggrieved by a decision of the Board under subsection (7) may appeal to the Tribunal in accordance with the Environment and Land Use Appeal Tribunal Act. (9) The Board shall, for the purposes of this Act, issue guidelines relating to land development and planning. (10) The guidelines referred to in subsection (9) shall be— (a) available for consultation at the office of the Board; and (b) posted on the website of the Ministry responsible for the subject of lands. [S. 7 amended by s. 99 (12) (b) of Act 19 of 2002 w.e.f. 1 December 2003; s.12 (b) of Act 21 of 2006 w.e.f. 1 October 2006; s. 165 (23) (c) of Act 36 of 2011 w.e.f. 15 December 2011; s. 8 (5) (b) of Act 5 of 2012 w.e.f. 1 October 2012.] continued on page T13 – 7 T13 – 6 (1) [Issue 5] Revised Laws of Mauritius