Resource information
The Act consists of 83 sections divided into 10 Parts: Preliminary (I); Administration (II); Development plans (III); Control of development of land (IV); Enforcement (V); Environmental protection (VI); Building regulations (VII); Compensation and acquisition (VIII); Appeals (IX); Miscellaneous and supplementary (X).Section 3 defines duties of the Minister and particular holds the Minister responsible for securing the objects and purposes set out in section 3. A Development Control Authority is established as a body corporate under section 5. It shall carry out the functions as conferred upon it by this Act. In particular it shall regulate development in Antigua and Barbuda. A Town and Country Planner shall be appointed with approval of the Minister (sect. 6). This officer shall be the Chief Executive Officer of the Authority. The Town and Country Planner shall be responsible for the preparation of development plans in the sense of section 9 and other tasks set out in section 6. The content of such plans is set out in section 10. Plans shall be approved by the Minister (sects. 11-16). Development permits shall be granted for classes of development ion Development Orders issued under section 18 or on individual application under section 19. An Environmental Impact Assessment shall be carried out in respect of an application for a development permit for any development set out in the Third Schedule (sect. 23). The Authority may enter into development agreements with applications pursuant to section 28 and may request a performance bond as security for performance of any condition imposed by the applicant (sect. 29). The Town and Country Planner may issue Enforcement Notices under section 34 in case of development in breach of planning control. A Stop Notice may be issued under section 38. A Building Preservation Order may be issued by the Town and Country Planner under section 44 and an Amenity Order under section 47. A Plant Preservation Order may be issued by the Minister under section 46 in consultation with the Ministers responsible for agriculture and environment. Where the Town and Country Planner is of the opinion that an area ought to be declared an Environment Protection Area, he or she shall submit to the Minister a draft Environmental Protection Area Order. The Minister may declare the area to be an Environment Protection Area pursuant to section 54 and the Town and Country Planner shall prepare an Environmental Protection Area Management Plan for the Area. Such plan shall provide, among other things, for: the preservation of marine and terrestrial flora and fauna including the regulation of hunting and fishing; (b) the protection of water supplies, water catchment areas and mineral resources; (c) the prevention of erosion, landslips and flooding. The Minister may issue Orders to protect the environment under section 57. There is established an Appeal tribunal for purposes of hearing appeals under this Act under section 68. The Town and Country Planner shall maintain a register of planning and associated decisions including permits in accordance with section 77.
Amended by: Barbuda Land Act, 2007 (No. 23 of 2007). (2007-11-16)
Repeals: Town and Country Planning Ordinance. (1950)
Repeals: Land Development and Control Act 1977 (Act No. 15 of 1977). (1992)
