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Land Planning (Amendment) Act 1980

REPUBLIC OF KIRIBATI

LAND PLANNING (AMENDMENT) ACT 1980

(No. 10 of 1980).

I assent,

Beretitenti.
27 August, 1980.

AN ACT TO AMEND SECTION 12 OF THE LAND PLANNING ORDINANCE (CAP. 93).

Commencement: 27 August, 1980.

MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti.

Short title.

1. This Act may be cited as the Land Planning (Amendment) Act, 1980.

Amends section 12 of Cap.93.

2. Section 12(1) of the Land Planning Ordinance is amended by adding the following proviso –

"Provided that where the Central Board, with the approval of the Minister, considers it proper to do so after receiving submissions from a local board, it may –

(a) extend the period within which the detailed land use plan is to be prepared either until a particular date or indefinitely, and in the latter case the detailed land use plan need not be prepared until such time as the Central Board requests that it be prepared; or

(b) authorise the local board to prepare a detailed land use plan for only part or parts of the area covered by the general land use plan, and in doing so extend the time for preparation of the detailed land use plan as provided for in sub-paragraph (a).".

This printed impression has been carefully examined by me with the Bill which passed the Maneaba ni Maungatabu on 26 August, 1980, and it is found by me to be a true and correctly printed copy of the said Bill.

Clerk to the Maneaba ni Maungatabu.

_______________

I certify that the above Bill was on 26 August, 1980, passed by the Maneaba ni Maungatabu on a certificate of urgency under section 68(3)(a) of the Constitution.

Speaker.

_______________

Published by exhibition —

(1) at the Public Office of the Beretitenti on 27 August, 1980.

Secretary to the Cabinet.

(2) at the Maneaba ni Maungatabu on 27 August 1980.

Clerk to the Maneaba ni Maungatabu.

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LAND PLANNING (AMENDMENT) ACT, 1980

EXPLANATORY MEMORANDUM

Section 12(1) of the Land Planning Ordinance provides that once a local planning board receive a general land use plan from the Central Board, it must within 6 months prepare a detailed land use plan of the whole area covered by the general plan.

Two problems are caused by this inflexible time limit –

(a) the local boards do not have the resources to do the necessary work within the time limit and the Chief Lands Officer could not take on the work without abandoning all other work;

(b) the Central Board would prefer not to tie up every plot of land for years to a use for which it cannot be developed and would like to have a degree of flexibility.

The Bill provides for a proviso to be inserted after section 12(1) of the Ordinance which would give the Central Board, with the Minister's approval, the power to –

(i) extend the 6 month time limit for preparation of the detailed land use plan;

(ii) authorise the preparation of a detailed land use plan of only part or parts of the area covered by the general land use plan.

Michael Jennings
Attorney General

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LAND PLANNING (AMENDMENT) ACT, 1980.

LEGAL REPORT

I hereby certify my opinion that none of the provisions of the above Act conflict with the Constitution and that the Beretitenti may properly assent to the Act.

Michael Jennings
Attorney General
27 August, 1980.