[TP 7] Restriction on carrying out of development after constitution of town planning areas7
(1) Subject to the provisions of this section, the permission of the local authority shall be required in respect of any development of land carried out within a town planning area during the period before a scheme affecting such area has been finally approved. (2) The use for the display of advertisements of any external part of a building which has not normally been used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.
(3) The local authority shall not grant or refuse permission under this section without the prior consent of the Director and the Director may approve such grant or refusal either unconditionally or subject to conditions and may prohibit such grant or refusal.[subs (3) subst Ordinance 14 of 1961 s 4, effective 26 April 1961; am Act 22 of 1973 s 4, effective 26 October 1973]
(4) In dealing with applications for permission to develop land under this section, the local authority and the Director shall have regard to the matters set out in the Schedule, to provisions proposed to be included in a scheme and to any other material considerations.[subs (4) am Ordinance 37 of 1966 s 27, effective 13 January 1967; Act 22 of 1973 s 4, effective 26 October 1973]
(5) Regulations may be made by the Minister prescribing matters relating to the control of development under this section, and in particular, without prejudice to the generality of the foregoing, scheduling any development, or development of any class, in respect of which permission under this section shall be deemed to be granted by the regulations themselves.[subs (5) am LN 112 of 1970 O 70, effective 8 October 1970]
(6) Where any development of land has been carried out without the grant of permission required in that behalf under this section, or any conditions subject to which permission was granted under this section have not been complied with, the local authority may at any time, and at the cost of the person in default, take such steps as may be required for restoring the land to its condition before the development took place, or for securing compliance with the conditions, as the case may be, and any expenses lawfully incurred by the local authority in so doing may be recovered as a civil debt.
(7) Every person who—
(a)carries out any development of land without the grant of permission required in that behalf under the provisions of this section; or
(b)contravenes or fails to comply with any conditions subject to which permission has been granted under the provisions of this section; or
(c)obstructs or interferes with the exercise by the local authority of the powers vested in it by the provisions of this section,
shall, in addition to any civil liability, be guilty of an offence and be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a period not exceeding 3 months; and if such contravention, failure to comply, obstruction or interference is continued after the conviction, he or she shall be guilty of a further offence and liable on conviction to a fine of $20 for every day on which the contravention, failure to comply, obstruction or interference is so continued.
[subs (7) am Act 8 of 1997 s 4, effective 14 March 1997]
[s 7 subst Ordinance 22 of 1958, effective 6 November 1969]
The Laws of Fiji
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