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Statutes of Newfoundland 1996


CHAPTER 30

CHAPTER 30

AN ACT TO AMEND THE URBAN AND RURAL PLANNING ACT

(Assented to December 19, 1996)

Analysis

1. S.8 Amdt.
Appeals to board

2. S.8.1 Added
Fees

3. S.16 Amdt.
Notice of adoption of municipal plan

4. S.17 Amdt.
Arrangements for public hearing

5. S.19 Amdt.
Filing of objections

6. S.20 Amdt.
Public hearing

7. S.36 Amdt.
Control and use of land

8. S.64 Amdt.
Regulations

9. S.124 Amdt.
Authorized administrator may be required to purchase land

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN1990 cU-7 as amended

1. Subsection 8(4) of the Urban and Rural Planning Act is amended by striking out the word "and" at the end of paragraph (a), by striking out the period at the end of paragraph (b) and substituting a semicolon and the word "and" and by adding immediately after paragraph (b) the following:

(c) a required fee.

2. The Act is amended by adding immediately after section 8 the following:

Fees

8.1 (1) The minister may by regulation establish fees for the making of appeals under section 8.

(2) A fee paid under subsection (1) shall be paid to the appeal board hearing the matter under section 8 and shall be retained by that appeal board.

(3) Where an appeal made under section 8 is successful an amount of money equal to the fee paid by the appellant under subsection (1) shall be paid to him or her by the appropriate authorized administrator.

(4) For the purpose of this section the appropriate authorized administrator is the authorized administrator responsible for the decision appealed by the successful applicant.

3. Subsection 16(1) of the Act is repealed and the following substituted:

Notice of adoption of municipal plan

16. (1) An authorized council shall, when a municipal plan prepared by it has been adopted, give notice of its intention to seek the approval of that plan by the minister and the notice shall be given by advertisement inserted twice in a newspaper published or circulating in the area affected and the first advertisement shall be published at least 14 days before the date fixed for the hearing of objections referred to in section 17.

(1.1) Notwithstanding subsection (1), where the minister considers it necessary that a proposed municipal plan or municipal plan amendment have more than 14 days public notice before the date fixed for the hearing of objections referred to in section 17, he or she may require that greater notice but that notice shall not exceed 4 weeks before that hearing.

4. Subsection 17(2) of the Act is amended by striking out the figure and word "1 month" and substituting the figure and word "14 days".

5. Section 19 of the Act is amended by striking out the figure "5" and substituting the figure "2".

6. Subsection 20(2) of the Act is amended by striking out the figure and letters "5th" and substituting the word "second" and by striking out the words "may order that the public hearing not be held" and substituting the words "or an employee of the department designated by the minister may cancel the public hearing".

7. Paragraph 36(2)(c) of the Act is amended by adding immediately before the word "powers" the words "fees that may be charged to a person who makes an appeal and the".

8. Paragraph 64(b) is amended by adding immediately before the semicolon the phrase "and may establish fees for the making of appeals under section 8".

9. (1) Subsections 124(1), (2), (3), (4) and (5) of the Act are repealed and the following substituted:

Authorized administrator may be required to purchase land

124. (1) An authorized administrator acting in accordance with a scheme or a plan brought into force by or under a municipal plan, a joint municipal plan, a local area plan, a regional plan, protected road or a protected area order may

(a) refuse an owner permission to develop land; or

(b) grant permission to an owner of land to develop that land subject to conditions.

(2) The owner of land may, within 60 days from the date on which he or she was notified of a refusal or grant under paragraphs (1)(a) or (b), serve on the authorized administrator a purchase notice requiring the purchase of his or her interest in land in accordance with this section provided that

(a) where permission to develop the land was refused under paragraph 1(a), that the land has become incapable of reasonably beneficial use in its existing state;

(b) where permission to develop the land was granted subject to conditions under paragraph 1(b), that the land cannot be made capable of reasonably beneficial use by the carrying out of the permitted development in accordance with the conditions; and

(c) the land cannot be made capable of reasonably beneficial use by the carrying out of the other development for which permission has been or would be granted under the scheme.

(3) Where a purchase notice is served on an authorized administrator under subsection (2), the person who served the purchase notice shall immediately transmit a copy of it to the minister.

(4) The minister may

(a) where satisfied that the conditions specified in subsection (2) are fulfilled, confirm the purchase notice;

(b) grant permission for the development in respect of which the application was made;

(c) where permission for the development was granted subject to conditions, revoke or amend the conditions so that the land may be rendered capable of reasonably beneficial use by the carrying out of development; or

(d) reject the purchase notice.

(5) Notwithstanding subsection (4), where the minister is of the opinion that the land or a part of it could be made capable of reasonably beneficial use within a reasonable time by carrying out of other development for which permission should be granted, he or she may direct that that other development be permitted provided that the owner of the land has made an application to the authorized administration respecting that development.

(5.1) Where the minister confirms the notice under paragraph 4(a), the title to the land shall be vested in the authorized administration and compensation shall be awarded and made as if the land were expropriated under this Act.

(5.2) Where the minister rejects the notice under paragraph 4(d), the title to the land remains vested in the owner who applied under subsection (2) and compensation shall not be awarded.

(5.3) Notwithstanding paragraph 4(a), the minister shall not confirm a purchase notice served under subsection (2) unless satisfied that

(a) the land is particularly suitable and ripe for the development for which permission is sought;

(b) solely because of the scheme or plan referred to in subsection (2), the land cannot be used for the development; and

(c) the land cannot be used for other development under the scheme or plan referred to in subsection (2).

(2) Subsection 124(6) of the Act is amended by striking out the reference "subsection (1)" and substituting the reference "subsection (2)".

(3) Subsection 124(7) of the Act is amended by striking out the reference "subsection (2)" where it first occurs and substituting the reference "subsection (3)" and by striking out the reference "subsection (2)" where it last occurs and substituting the reference "subsection (4)".

(4) Subsection 124(9) of the Act is amended by striking out the words "purchase notice" where they first occur and substituting the words "notice of proposed action referred to in subsection (8)" and by striking out the words "the notice to be given by the minister under this subsection" and substituting the words "that notice".

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