Town and Country Planning Act

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3. GENERAL PROVISIONS AS TO PLANNING POLICY
4. DUTIES OF MINISTER
5. TOWN AND COUNTRY PLANNING BOARDS

6. PURPOSES, FORM ETC, OF LOCAL PLANNING SCHEME
7. LOCAL PLANNING AREAS
8. STUDY OF LOCAL PLANNING SCHEMES
9. PREPARATION OF LOCAL PLANNING SCHEMES
10. PUBLICITY FOR LOCAL PLANNING SCHEMES
11. SUBMISSION AND APPROVAL OF LOCAL PLANNING SCHEMES
12. REVIEW OF LOCAL PLANNING SCHEMES

13. APPLICATION OF THIS PART
14. PROVISION FOR DEVELOPMENT
15. APPLICATIONS FOR PERMISSION
16. POWERS OF BOARD TO DEAL WITH APPLICATIONS
17. PERIOD WITHIN WHICH PERMISSION SHALL BE CARRIED OUT
18. REGISTER OF APPLICATIONS
19. APPEAL TO MINISTER
20. SUPPLEMENTARY PROVISIONS AS TO GRANT OF PERMISSION
21. REVOCATION AND MODIFICATION OF PERMISSION
22. ENFORCEMENT OF PLANNING CONTROL
23. APPEAL AGAINST ENFORCEMENT NOTICE
24. SUPPLEMENTARY PROVISIONS AS TO ENFORCEMENT
25. PENALTIES FOR FAILURE TO COMPLY WITH CERTAIN ENFORCEMENT NOTICES
26. DISCHARGE OF ENFORCEMENT NOTICES
27. TREE PRESERVATION ORDERS
28. MAINTENANCE OF DERELICT LAND

29. EXCLUSION OF COMPENSATION
30. POWERS OF ENTRY
31. SERVICE OF NOTICE
32. POWER TO REQUIRE INFORMATION
33. REGULATIONS AND ORDERS
34. APPLICATION TO LAND REGULATED BY SPECIAL ENACTMENTS
35. UNFINISHED BUILDINGS
36. CROWN TO BE BOUND
SCHEDULE

AN ACT FOR THE ADMINISTRATION OF TOWN AND COUNTRY PLANNING IN SOLOMON ISLANDS, THE MAKING OF LOCAL PLANNING SCHEMES, THE CONTROL AND DEVELOPMENT OF LAND AND FOR MATTERS CONNECTED THEREWITH AND INCIDENTAL THERETO.

"advertisement" means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction and without prejudice to the foregoing provisions of this definition includes any hoarding or similar structure used or adapted for use of the display of advertisements, and references to the display of advertisements shall be construed accordingly;

"amend" means amend, add to, alter or modify otherwise either in whole or in part and "amendment" has a corresponding meaning;

"Area Council" means an Area Council constituted by a Provincial Ordinance under the Provincial Government Act by a Provincial Assembly;

"Board" in respect of a Province or Honiara means the Town and Country Planning Board for that Province or for Honiara established under section 5;

"building" includes any structure or erection on any part of a building as so defined, but does not include plant or machinery comprised in a building;

“building or works” includes waste materials, refuse and other matters deposited on land and references to the erection or construction of buildings or works shall be construed accordingly;

"building operations" includes rebuilding operations, structural alterations of or additions to buildings and other operations normally undertaken by a person carrying on business as a builder including siteworks preliminary or incidental to the erection of buildings;

"development" has the meaning assigned to it by section 14, and "develop" has a corresponding meaning;

"engineering operations" includes the formation or laying out of means of access to highways;

"erection" in relation to buildings includes extension, alterations and re-erection;

"Honiara" means the area the boundaries of which are delineated on plan 1981 deposited in the office of the Surveyor-General;

"land" includes land covered with water and also includes incorporeal as well as corporeal hereditaments of every tenure or description, including a building as defined by this section, and any interest therein, and also an undivided share of land;

"Local Planning Area" means a Local Planning Area declared by the Minister in accordance with the provisions of section 7;

"Minister" means the member of the Cabinet from time to time charged with responsibility for town and country planning;

"outline permission" means a planning permission granted subject to the submission of a further application in respect of those matters reserved in the permission;

"reserved matters" in relation to an outline permission or an application for such permission, means any matters in respect of which details have not been given in the application and which concern the sitting, design or external appearance of the building to which the permission or the application relates, or the means of access to the building;

"road" means a public road as defined in the Roads Act and includes a public right of way created under section 185 of the Land and Titles Act;

"statutory undertakers" means persons authorised by any Act of Parliament to carry on any railway, light railway, tramway, road transport, air transport, water transport, canal, inland navigation, pier, or any undertaking for the supply of electricity, gas hydraulic power or water and "statutory undertaking" has a corresponding meaning;

(a) the division of a lot or parcel of land for sale, conveyance, transfer, lease, sublease, mortgage, agreement, partition or other dealing, or by procuring the issue of a separate instrument of title in respect of any portion of land or by parting with the possession of any part thereof, or by depositing a plan of subdivision with the Registrar of Titles, and "subdivide" has a corresponding meaning;

"use" in relation to land, does not include the use of land by the carrying out of any building or other operations thereon.

3.-(1) The object of this Act is to ensure that land in Solomon Islands is developed and used in accordance with properly considered policies that are formulated on adequate information and are directed to promote the welfare of the inhabitants of Solomon Islands and others who resort thereto; and, accordingly, the functions conferred on any public body by this Act shall, in accordance with this Act, be exercised in such manner as it considers most suitable for attaining that end.

(2) The promotion of the welfare of people includes the preservation or creation of an environment proper for their needs.

(3) So far as the development of land is concerned the object of this Act is also to ensure that to give effect to the principles enunciated in subsection (1) there is a proper integration and coordination in the development of land in Solomon Islands.

(4) For the purpose of best promoting the objects of this Act a public body exercising any function conferred on it by this Act in relation to any matter shall be under a duty to take all reasonable steps to seek and obtain all the information necessary to enable that function to be properly exercised after a proper evaluation of the likely effect of the exercise of that function.

4. Without prejudice to the generality of section 3, it shall be the duty of the Minister to secure consistency and continuity in the framing and execution of a comprehensive policy for the preservation of amenities and the orderly development of land other than customary land throughout Solomon Islands in accordance with Local Planning Schemes for parts of Solomon Islands prepared in accordance with the provisions of Part III.

5.-(1) There shall be a Town and Country Planning Board in each Province and in Honiara.

(2) Each Board shall in its respective Province or, as the case may be, in Honiara carry out the duties imposed and the functions conferred on it by this Act.

(3) The Minister may from time to time give to a Board general or special directions about the exercise of any of its functions or the performance of any of its duties under this Act and the Board shall comply with such directions.

(4) Each Board shall be constituted in accordance with and be subject to the Schedule to this Act.

(a) to assist in securing orderly development in the interests of the health, amenity, convenience and general welfare of the community;

(b) to indicate the general principles upon which development in the area will be promoted and controlled;

(c) to assist in the selection of, or to define sites for particular purposes, whether by the carrying out of development thereon or otherwise;

(d) to protect features or areas of social, historical, scenic or architectural importance;

(2) Subject to any regulations which may be made by the Minister relating to the form and content of Local Planning Schemes, a Local Planning Scheme shall-

(a) include such maps and such descriptive matter as may be necessary to illustrate the proposals included therein with such degree of particularity as may be appropriate to different parts of the Local Planning Area;

(b) specify the population for which the Local Planning Scheme is to make provision; and

(c) indicate the proposed general use zones for land and buildings and the communications necessary both to protect such zones and serve them.

(3) Subject as aforesaid, any Local Planning Scheme may in particular allocate or define the sites of and access to proposed roads, public and other buildings and works, air-fields, parks, pleasure grounds, nature reserves and other open spaces, or allocate areas for use for residential, agricultural, industrial, commercial, tourist or other purposes of any class specified therein.

(4) Without prejudice to the generality of subsections (2) and (3), provision may be made in a Local Planning Scheme for matters relating to inter alia-

(a) (i) the distance between buildings and boundaries, and between buildings and the centre of any road;

(ii) in respect of building sites, the proportion or amount of land that may be covered by any buildings;

(vi) the extent of land to be laid out and exclusively reserved for the parking of vehicles;

(b) sites to be reserved for development for public purposes (including new roads);

7.-(1) The Minister may by notice published in the Gazette declare any area to be a Local Planning Area, and may in like manner amend or revoke any declaration so made:

Provided that no declaration made under this section shall include customary land.

(2) Before making a declaration in accordance with subsection (1) the Minister shall have received a request therefore from, or obtained the consent thereto, of the Provincial Assembly or Town Council within whose boundaries the Local Planning Area is situated.

8.-(1) As soon as may be praticable after the declaration of a Local Planning Area under section 7, it shall be the duty of the Board-

(a) in so far as it has not already done so, to institute a study of the Local Planning Area, examining in such study those matters which may be expected to affect the development of that Local Planning Area or the planning of its development; and

(b) at all times to keep those matters mentioned in paragraph (a) under review.

(2) Without prejudice to the generality of subsection (1), the matters to be examined and kept under review in each Local Planning Area shall include the following-

(a) the principal physical and economic characteristics of the Local Planning Area (including the principal purposes for which land is used) and, so far as they may be expected to affect the Local Planning Area, the principal physical and economic characteristics of any neighbouring areas;

(b) the size, composition and distribution of the population of the Local Planning Area (whether resident or otherwise), and of neighbouring areas;

(c) the communications, transport system and traffic of the Local Planning Area and, so far as they may be expected to affect the Local Planning Area, the communications, transport system and traffic of any neighbouring areas;

(d) any considerations not mentioned in any of the preceding paragraphs which may be expected to affect any matters included therein;

(e) such other matters as the Minister may prescribe generally or as he may in a particular case direct;

(f) any changes already projected in any of the matters mentioned in any of the preceding paragraphs and the effect which those changes are likely to have on the development of the Local Planning Area or on the planning of such development.

9.-(1) As soon as may be practicable after the completion of the study referred to in section 8, the Board shall submit for the approval of the Minister a Local Planning Scheme for the whole of the Local Planning Area or any part thereof together with a report of the study.

(2) The Board shall in the course of preparing a Local Planning Scheme regularly consult with the Provincial Assembly or Town Council and Area Council or Councils within whose boundaries any of the area included in the Local Planning Scheme is situated, and in addition may consult with such other persons or bodies as it thinks fit.

10.-(1) When preparing a Local Planning Scheme, and before finally determining its content for submission to the Minister, the Board shall take such steps as may in its opinion ensure-

(a) that adequate publicity is given in the area to which the Local Planning Scheme will relate to the report of the study under section 8 and to the matters which the Board proposes to include in the Local Planning scheme;

(b) that all persons who may be expected to wish to make representations to the Board with respect to those matters which it proposes to include in the Local Planning scheme are made aware that they are entitled to an opportunity to make such representations; and

(c) that those persons are given an adequate opportunity of making representations to the Board.

(2) A Local Planning Scheme submitted by the Board to the Minister for his approval shall be accompanied by a statement containing particulars of-

(b) the Board's consultations with, and consideration of the views of, other persons with respect to those matters;

(c) the resolution of the Provincial Assembly within whose boundaries the area included in the Local Planning Scheme is situated showing the Assembly conclusion on the proposed Local Planning Scheme of the Board.

11.-(1) When the Board has prepared a draft Local Planning Scheme notice thereof shall be published in the Gazette and in one newspaper published in Solomon Islands stating the place or places where copies of such scheme may be inspected by the public.

(2) If any objection or representation with respect to any such Local Planning Scheme is made in writing to the Minister within one month of the publication of the notice referred to in subsection (1), the Minister shall take into consideration the objection or representation.

(3) If as the result of any objection or representation considered in connection with a Local Planning Scheme the Minister is of opinion that a Provincial Assembly, Town Council, Area Council or any other Board or person ought to be consulted before he decides to approve the Local Planning Scheme either with or without modifications, the Minister shall consult that Provincial Assembly, Town Council, Area Council, Board or person, but he shall not be obliged to consult any other Board or person, or to afford any opportunity for further objections or representations.

(4) Notice of the approval of a Local Planning Scheme by the Minister shall be published in the Gazette and in at least one local newspaper circulating in Solomon Islands, and copies of the Local Planning Scheme in the form in which it has been approved by the Minister shall be made available for inspection by the public at such place or places as may be specified in the notice.
12 of 1982, s.4

(5) A Local Planning Scheme shall become operative on the date on which notice of its approval by the Minister is published in the Gazette or on such later date as the Minister may by Order determine.

12.-(1) At least once in every five years after the date on which a Local Planning Scheme for any Local Planning Area is approved by the Minister, the Board shall carry out a fresh study of that Local Planning Area and submit to the Minister a report of the study together with proposals for such amendments to the Local Planning Scheme as the Board considers desirable having regard to the said study.

(2) Without prejudice to subsection (1), the Board may at any time submit to the Minister proposals for such amendments to a Local Planning Scheme as appear to be necessary.

(3) The provisions of sections 8, 9, 10 and 11 shall, subject to any necessary modifications, apply in relation to amendments to a Local Planning Scheme made in accordance with subsections (1) and (2) as they apply in relation to the preparation and approval of a Local Planning Scheme under sections 9, 10 and 11.

13.-(1) The Minister may by notice published in the Gazette order that the provisions of this Part shall apply and have effect in any area of Solomon Islands, and may in like manner amend or revoke any Order as made:

(2) Before making an Order in accordance with subsection (1) the Minister shall have either-

(a) received a recommendation from the Board that this Part be applied to the relevant area; or

(b) obtained the consent thereto of the Provincial Assembly or Town Council within which is situated the area to which this Part is to be applied.

(3) The date upon which such Order takes effect shall, in respect of that area, be known as the appointed day.

14.-(1) Subject to the provisions of this section and to the provisions of this Act, the permission of the Board shall be required under this Part for any development that is carried out after the appointed day within any area of land to which the provisions of this Part apply.

(2) In this Act, except where the context otherwise requires, the expression "development" means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land, except that the following operations or uses of land shall be deemed for the purposes of this Act not to involve development of the land, that is to say-

(a) the carrying out of works for the maintenance, improvement or other alteration of any building, if the works effect only the interior of the building or do not materially affect the external appearance of the building;

(b) the carrying out of any works by a highway authority required for the maintenance or improvement of a road if the works are carried out on land within the boundaries of the road;

(c) the carrying out by any Government Department, Provincial Assembly, Town Council, Area Council or statutory undertaker of any works for the purpose of inspecting, repairing or renewing; any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;

(d) the use of any buildings or other land within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such;

(e) the use of any land for the purposes of agriculture, livestock keeping, fishing and forestry;

(f) any other operation of use of land which may be prescribed in regulations made by the Minister.

(3) The Minister may make regulations declaring any type of intensive or large-scale agricultural use of land to be development for the purpose of this Part.

(4) Without prejudice to the provisions of any regulations made under the provisions of this or any other Act relating to the control of advertisements, the use for the display of advertisements of any external part of a building that is not normally used for the purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.

15.-(1) An application for permission to develop land shall be made to the Board by submitting the prescribed number of copies of the Form of Application issued by the Board.

(a) include on the application form all particulars required to be supplied thereby;

(b) supply such further particulars as may be prescribed by regulations made by the Minister;

(c) supply the prescribed number of copies of a plan sufficient to identify the land to which the application relates; and

(d) supply the prescribed number of copies of such other plans and drawings as may be necessary to describe the proposed development.

(3) The Board may by a direction in writing addressed to the applicant require such further information as may be specified in the direction to be given to it in respect of an application for permission made to it under subsection (1) to enable it to determine that application.

(4) Where an applicant so desires, on application, expressed to be an outline application, may be made under this section for permission for the erection of a building subject to the subsequent grant of permission by the Board with respect to any reserved matters:

Provided that the grant of permission by the Board shall be required in respect of these matters reserved in the permission before any development is commenced.

16.-(1) Where application is made to the Board for permission to develop land, the Board may grant permission either unconditionally or subject to such conditions as it thinks fit, or may refuse permission, and in dealing with any such application the Board shall have regard to the Local Planning Scheme (if any) in force and to any other material considerations.

(2) Without prejudice to the generality of subsection (1), conditions may be imposed on the grant of permission to develop land thereunder-

(a) for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the Board to be expedient for the purposes of or in connection with the development authorised by the permission;

(b) for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the expiration of the period specified in such permission, and the carrying out of any works required for the reinstatement of land at the expiration of that period,

and any permission granted subject to any such condition as is mentioned in paragraph (b) is in this Act referred to as permission granted for a limited period only.

17.-(1) Subject to subsection (2), any permission granted under section 16 shall lapse on the expiration of twelve months from the date of grant thereof, or, where permission has been granted following an appeal, the date of determination of such appeal, unless the permitted development has been commenced to the satisfaction of the Board:

Provided that the Board may, on application, extend such permission by a period of not more than twelve months at each application.

(2) Subject to subsection (1), any outline permission granted upon an application made pursuant to section 15 shall lapse at the expiration of six months from the grant thereof, or, where permission has been granted following an appeal, from the date of determination of such appeal, unless, in the case of any reserved matter, application for permission is made to the Board:

Provided that the Board may, on application, extend such outline permission by a period of not more than six months at each application.

18.-(1) The Board shall keep, in such manner as the Minister may prescribe, a register containing such information with respect to applications for permission as may be prescribed, and the register shall include information as to the manner in which such applications have been dealt with.

(2) The register shall be available for inspection by the public at all reasonable hours on payment of the prescribed fee (if any).

19.-(1) Where an application is made under this Part to the Board for permission to develop land, and such permission is refused or is granted subject to conditions, the applicant may, if aggrieved by the decision of the Board by notice served on it within twenty-eight days from the receipt of notification of its decision, appeal to the Minister, and the Board shall forthwith transmit such notice to the Minister.

(b) where it appears to him that the application in respect of which permission is refused could not have been granted by the Board or could not have been granted by the Board otherwise than subject to the conditions imposed by it, having regard to the provisions of this Act and any regulations made or directions issued by him under this Act.

(3) Where an appeal is brought under this section from a decision of the Board the Minister may allow or dismiss the appeal or may reverse or vary any part of the decision of the Board whether or not the appeal relates to that part, and may deal with the application as if it had been made to him in the first instance.

(4) Unless within three months from the date of receipt of an application, or such extended period as may at any time be agreed in writing between the applicant and the Board, the Board gives notice to the applicant of its decision on any application for permission to develop land made to it under this Part the provisions of subsection (1) shall apply in relation to that application as if the permission to which it relates had been refused by the Board and as if notification of its decision had been received by the applicant at the expiration of the period of three months or the extended period agreed as aforesaid, as the case may be.

(5) The decision of the Minister on any appeal made to him under this section shall be final and conclusive and shall not be questioned in any proceedings whatsoever.

20.-(1) The power to grant permission to develop land under this Part shall include power to grant permission for the retention on land of any buildings or works constructed or carried out thereon before the date of the application, or for the continuance of any use of land instituted before that date (whether without permission granted under this Part or in accordance with permission so granted for a limited period only), and references in this Part to permission to develop land or to carry out any development of land, and to applications for such permission, shall be construed accordingly.

(2) Any such permission as is mentioned in subsection (1) may be granted so as to take effect from the date on which the buildings or works were constructed or carried out, or the use was instituted, or from the expiration of the said period, as the case may be.

(3) Where permission is granted under this Part for the erection of a building, the grant of permission may specify the purposes for which the building may be used; and if no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it was designed.

(4) Where permission to develop land is granted under this Part, then, except as may be otherwise provided by the permission, the grant of permission shall continue for the benefit of the land and of all persons for the time being interested therein, but without prejudice to the provisions of this Part with respect to the revocation and modification of permission granted thereunder.

(5) Where permission to develop land is granted under this Part for a limited period only, nothing in this Part shall be construed as requiring permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose for which it was normally used before the permission was granted.

(6) In determining for the purposes of subsection (5) the purposes for which land was normally used before the grant of permission, no account shall be taken of any use of the land begun in contravention of the provisions of this Part.

21.-(1) Subject to the provisions of this section, if it appears to the Board that it is expedient, having regard to the Local Planning Scheme and to any other material considerations, that any permission to develop land granted on an application made in that behalf under this Part should be revoked or modified, it may in writing revoke or modify the permission to such extent as appears to be necessary:

Provided that no such revocation or modification shall take effect unless and until it is confirmed by the Minister, and the Minister may be Order confirm any such revocation or modification submitted to him for the purpose either without modification or subject to such modifications as he considers expedient.

(2) The Minister shall cause a copy of the Order confirming the revocation or modification made under subsection (1) to be served on the occupier of the land and all other persons having an interest in the land or the permission.

(3) The power conferred by this section to revoke or modify permission to develop land may be exercised-

(a) where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed;

(b) where the permission relates to a change of the use of any land, at any time before the change has taken place:

Provided that the revocation or modification of permission for the carrying out of building or other operations as has been previously carried out.

(4) Where permission to develop land is revoked or modified by an Order made under this section, any person having an interest in the land who has incurred expenditure in carrying out work that has been rendered abortive by the revocation or modification, or who has otherwise sustained loss or damage that is directly attributable to the revocation or modification, may submit a claim to the Board within six months of the making of the Order, and the Board shall award to that person compensation in respect of that expenditure, loss or damage in accordance with the following provisions of this section.
12 of 1982, s.5

(5) No compensation shall be payable under subsection (3) in respect of loss or damage consisting of the depreciation in value of any interest in the land by virtue of the revocation or modification.

(6) Any expenditure incurred in the preparation of plans for the purposes of any work or upon other similar matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out that work, but except as aforesaid no compensation shall be paid under this section in respect of any work carried out before the grant of the permission that is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of the depreciation in value of an interest in land) arising out of anything done or omitted to be done before the grant of that permission.

(7) Where, by virtue of the provisions of this section, compensation is payable in respect of expenditure incurred in carrying out any work on any land, then if the Government of Solomon Islands or a Provincial Assembly or Town Council purchases any interest in that land any compensation payable in respect of the acquisition of that interest shall be reduced by an amount equal to the value of the works in respect of which compensation has been paid under this section.

22.-(1) If it appears to the Board that any development of land has been carried out without the grant of permission required in that behalf under this Part, or that any conditions subject to which such permission was granted in respect of any development have not been complied with, then the Board may within four years of such development being carried out, or, in case of non-compliance with a condition, within four years after the date of the alleged failure to comply with such condition, if the Board considers it necessary so to do having regard to the provisions of the Local Planning Scheme and to any other material considerations, serve on the owner and occupier of the land a notice under this section.

(2) Any notice served under this section (hereinafter called an "enforcement notice") shall specify the development that is alleged to have been carried out without the grant of such permission as aforesaid or, as the case may be, the matters in respect of which it is alleged that any such conditions as aforesaid have not been complied with, and may require such steps as may be specified in the notice to be taken within such period after the notice takes affect as may be specified therein 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 in particular any such notice may, for the purpose aforesaid, require the demolition or alteration of any buildings or works, the discontinuance of any use of land, or the carrying out on land of any building or other operations.

(3) Except as otherwise provided in subsection (4) or section 23, an enforcement notice shall take effect at the expiration of such period (not being less than twenty-eight days after the service thereof) as may be specified therein.

(4) When, within the period mentioned in subsection (3), an application is made to the Board under this Part for permission-

(a) for the retention on the land of any buildings or works to which the enforcement notice relates; or

(b) for the continuance of any use of the land to which the enforcement notice relates,

the operation of the enforcement notice shall be suspended pending the determination of the application and any appeal made thereafter in accordance with section 19 and if the permission applied for is granted on that application or any appeal arising therefrom, the enforcement notice shall not take effect.

23.-(1) If any person on whom an enforcement notice is served under this section is aggrieved by the enforcement notice, he may, at any time within the period mentioned in section 22 (3), appeal against the enforcement notice to the Magistrate's Court having jurisdiction in the area within which the land to which the notice relates is situated; and on any such appeal the court-

(a) if satisfied that permission was granted under this Part for the development to which the enforcement notice relates, or that no such permission was required for the said development, or, as the case may be, that the conditions subject to which such permission was granted have been complied with, shall quash the enforcement notice to which the appeal relates;

(b) if not so satisfied, but satisfied that the requirements of the notice exceed what is necessary for restoring the land to its condition before development took place, or for securing compliance with the conditions, as the case may be, shall vary the notice accordingly; or

(2) When, within the period mentioned in section 22(3), an appeal is made to the court under this section by a person on whom the enforcement notice was served, the operation of the enforcement notice shall be suspended pending the determination or withdrawal of the appeal.

(3) Where the enforcement notice is varied or the appeal is dismissed then, subject to paragraph (a) of subsection (1), the court may direct that the enforcement notice shall not come into force until such date (not being later than twenty-eight days from the determination of the appeal) as it thinks fit.

24.-(1) If within the period specified in an enforcement notice, or within such extended period as the Board after application made by the person on whom the notice has been served may allow in writing, any steps required by the enforcement notice to be taken (other than the discontinuance of any use of land) have not been taken, the Board may enter on the land and take those steps and may recover as a simple contract debt in any court of competent jurisdiction from the person who is then the owner of the land any expenses reasonably incurred by the Board in that behalf; and if that person, having been entitled to appeal to the court under section 23, failed to make such an appeal he shall not be entitled in proceedings under this subsection to dispute validity of the action taken by the Board upon any ground that could have raised in such an appeal.

(2) Any expenses incurred by the owner or occupier of any land for the purpose of complying with an enforcement notice served under section 22, in respect of any development, and any sums paid by the owner of any land under subsection (1) of this section in respect of the expenses of the Board in taking steps required to be taken by such an enforcement notice, shall be deemed to be incurred or paid for the use and at the request of the person by whom the development was carried out.

(3) Where, by virtue of an enforcement notice, any use of land is required to be discontinued, or any conditions are required to be complied with in respect of any use of land or in respect of the carrying out of any operations thereon, any person who, without the grant of permission in that behalf under this Part, uses the land or causes or permits the land to be used, or carries out or causes or permits to be carried out those operations, in contravention of the enforcement notice, shall be guilty of an offence and liable to a fine not exceeding five hundred dollars and, in the case of a continuing offence, to a further fine not exceeding fifty dollars for every day after the first day during which the use is so continued.

(4) Nothing in this Part shall be construed as requiring permission to be obtained thereunder for the use of any land for the purpose for which it could lawfully have been used under this Part if the development in respect of which an enforcement notice is served under section 22 had not been carried out.

(5) The Board shall keep, and make available for inspection by the public, a register containing such information with respect to enforcement notices served by the Board as may be prescribed by the Minister.

25.-(1) Subject to this section, where an enforcement notice has been served under section 22 on the person who was, when the notice was served on him, the owner of the land to which the enforcement notice relates and within the period specified in the enforcement notice, or within such extended period as the Minister may allow, any steps required by the enforcement notice to be taken (other than the discontinuance of any use of land) have not been taken by the said owner, he shall be liable to a fine not exceeding five hundred dollars and, in the case of a continuing offence, to a further fine not exceeding fifty dollars for every day after the first day during which the requirements of the enforcement notice (other than the discontinuance of any use of land) remain unfulfilled.

(2) If a person against whom proceedings are brought under this section (hereinafter referred to as the "original defendant") has at some time before the end of the period specified in the enforcement notice for compliance with the notice (or of such extended period as the Minister may allow) ceased to be the owner of the land, he shall, upon information duly laid by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have the person who then became the owner of the land brought before the Court in the proceedings.

(3) If, after it has been proven that any steps required by the enforcement notice have not been taken as aforesaid, the original defendant proves that the failure to take the required steps was attributable in whole or in part to the default of the said other person, that other person may be convicted of the offence.

(4) If the original defendant further proves that he took all reasonable steps to secure compliance with the enforcement notice, then he shall be acquitted of the offence.

(2) Without restricting the generality of subsection (1), where any development is carried out on land by way of reinstating or restoring buildings or works that have been demolished or altered in compliance with an enforcement notice, the enforcement notice shall, notwithstanding that its terms may not be apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were demolished or altered and subsections (1) and (2) of section 24 shall apply accordingly.

(3) Without affecting the operation of section 25 a person who carries out any development on land by way of reinstating or restoring buildings or works that have been demolished or altered in compliance with an enforcement notice shall be liable to a fine not exceeding five hundred dollars.

27.-(1) If it appears to the Board that it is expedient in the interests of amenity to make provision for the preservation of any tree, trees or woodlands in any area, it may for that purpose make an order (in this Act referred to as a "tree preservation order") with respect to any such tree, trees, groups of trees or woodlands as may be specified in the order; and, in particular, provision may be made by any such order-

(a) for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping, lopping or wilful destruction of trees except with the consent of the Board which may be given subject to conditions;

(b) for securing the replanting, in such manner as may be prescribed by or under the order, of any tree or trees that is or are felled in the course of operation permitted by or under the order; and

(c) for applying in relation to any consent under the order, and to applications therefor, any of the provisions of this Part relating to permission to develop land, and to applications for any such permission, subject to such adaptations and modifications as may be specified in the order.

(2) Such order shall not become effective until confirmed by the Minister, who shall before confirming the order satisfy himself that all persons owning or occupying land to which it relates have been given the opportunity to make representations in accordance with paragraph (b) of subsection (3).

(3) Provision may be made by regulations under this Act with respect to the form of tree preservation orders, and the procedure to be followed in connection with the making and approval of such orders, and such regulations shall, in particular, make provision for securing-

(a) that notice shall be given to the owners and occupiers of land affected by any such order;

(b) that objections and representations with respect to the proposed order duly made in accordance with the regulations shall be considered before the order is confirmed by the Minister; and

(c) that copies of the order when it comes into operation shall be served on the owners and occupiers of the land to which it relates.

(4) Notwithstanding subsection (2) where it appears to the Board that any tree preservation order should take effect immediately, it may make the order provisionally without complying with the requirements of any regulations with respect to the consideration of objections and representations, but any order so made shall cease to have effect upon the expiration of two months from the date on which it is so made unless within that period it has again been made, with or without modifications, after compliance with those requirements.

(5) Without limiting the other exemptions for which provision may be made by a tree preservation order, no such order shall apply to the cutting down, topping or lopping of trees that are dying or dead or have become dangerous or the cutting down, topping or lopping of any trees in compliance with any obligation imposed by or under any Act or so far as may be necessary for the prevention or abatement of a nuisance.

(6) If any person contravenes the provisions of a tree preservation order, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars and, in case of a continuing offence, to a further fine not exceeding fifty dollars for every day after the first day during which the contravention is so continued.

28.-(1) If it appears to the Board that the amenity of an area is seriously injured by the condition of any garden, vacant site or other open land in the area, the Board may serve on the owner and occupier of the land a notice requiring such steps for abating the injury as may be specified therein.

(2) In relation to any notice served under this section, the provisions of sections 22(3), 23(1), (2) and (3), 24(1) and (2) and 25 shall, subject to such exceptions and modifications as may be prescribed by regulations under this Act, apply as those provisions apply in relation to an enforcement notice served under section 22.

29. Except as provided in sections 21 and 30 no compensation shall be payable by the Government of Solomon Islands or the Board in consequence of any decision, order or action given, made or taken by them or either of them under or in pursuance of the provisions of this Act.

30.-(1) Any person duly authorised in writing by the Board may, at any reasonable time, enter upon any land for the purpose of making a study of it, or estimating its value in connection with-

(a) the preparation, approval, making or amendment of a Local Planning Scheme relating to that land, including the carrying out of any study preparatory thereto;

(b) any application made under Part IV, or under any order or regulations made under this Act, for any permission, consent or determination to be given or effected in relation to that or any other land;

(c) any proposal by the Board to serve or make any notice or order under Part IV or under any such order or regulations as aforesaid;

(2) A person authorised under this section to enter upon any land shall, if so required, produce evidence of his authority before so entering, and shall not demand admission as of right to any land that is clearly occupied unless twenty-four hours notice of the intended entry has been given to the occupier.

(3) Any person who wilfully obstructs a person acting in the exercise of his powers under this section shall be liable to a fine not exceeding fifty dollars.

(4) Any person who, in compliance with the provisions of this section is admitted into a factory, workshop or work-place and who discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, shall, unless the disclosure is made in the course of performing his duty in connection with the survey or estimate for which he was authorised to enter the premises, be liable to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months.

(5) Where any land is damaged in the exercise of a power of entry under this section, compensation in respect of that damage may be recovered from the Board by any person interested in the land.

(6) Any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil.

(7) A person shall not carry out any works authorised by subsection (6) unless notice of his intention so to do has been included in the notice required by subsection (2).

31.-(1) Subject to the provisions of this section, any notice or other document required or authorised to be served or given under this Act, or under any regulation, order, direction, or instrument in writing made under this Act, may be served or given either-

(a) by delivering it to the person on whom it is to be served or to whom it is to be given; or

(b) by leaving it at the usual or last known place of abode of that person, or, in a case in which an address for service has been furnished by that person, at that address; or

(c) by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode, or, in a case in which an address for service has been furnished by that person, at that address; or

(d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter addressed to the secretary or clerk of the company or body at that office.

(2) Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice shall be deemed to be duly served if-

(a) being addressed to him either by name or by the description of "the owner" or "the occupier", as the case may be, of the premises (describing them) it is delivered or sent in the manner prescribed by paragraphs (a), (b) or (c) of subsection (1); or

(b) being addressed as aforesaid and marked in such manner that is plainly identifiable as a communication of importance it is sent in a prepaid registered letter to the premises and is not returned to the authority sending it, or is delivered to some responsible person on those premises or is affixed conspicuously to some object on those premises.

(3) Where the notice or other document is required to be served on or given to all persons having interests in, or being occupiers of, premises comprised in any land, and it appears that any part of that land is unoccupied, the notice shall be deemed to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has furnished an address for the service of the notice on him) if it is addressed to "the owners and any occupiers" of that part of the land (describing it), and is affixed conspicuously to some object on the land.

(4) Any notice or document to be served on the Board shall be served either by sending it in a prepaid registered letter addressed to the Chairman of the Board or by delivering it to the Chairman personally at his office.

32. The Board may, for the purpose of enabling it to make any order or serve any notice or other document that it is by this Act authorised or required to make or serve, require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises, to state in writing the nature of his interest therein and the name and address of any other person known to him as having an interest therein, whether as freeholder, mortgagee, lessee or otherwise; and any person who, having been so required to give any information fails to give that information, or knowingly makes any mis-statement in respect thereof, shall be liable to a fine not exceeding fifty dollars.

33.-(1) The Minister may make such regulations as appear to him to be necessary or expedient for carrying the objects and provisions of this Act into effect and in particular (without prejudice to the foregoing) such regulations may-

(b) provide for the granting of permission (either unconditionally or subject to such conditions or limitations as may be specified) for development as specified in the regulations or for the development of any class so specified;

(c) regulate the manner in which applications for permission to develop land are to be made to, and be dealt with by the Minister, or the Board;

(d) prescribe the form of application for permission to develop land, and the information and documents to be submitted in connection therewith;

(e) provide for the advertisement of applications for permission to develop land where such development may cause a nuisance to the occupiers of adjoining land;

(f) prescribe the procedure in regard to objections, representations and appeals;

(g) prescribe the form and contents of any notice, order of other document authorised or required by this Act to be made, issued or served;

(h) prescribe the manner in which the Board shall record applications for planning permission, the decisions thereon and enforcement notices served by the Board;

(i) prescribe the line, width, level, construction, access to and egress from, building line and general dimensions and character of roads, whether new or existing;

(k) provide for the pooling and redistribution of plots of land, or for the readjustment of the boundaries, areas, shapes and positions of any plots of land;

(l) provide for restricting or regulating the dimensions, appearance and position of advertisements that may be displayed, the sites on which such advertisements may be displayed, and the manner in which they are to be affixed to land;

(m) prescribe such special procedures as may be necessary for the application of section 35;

(o) make provision for any purpose for which regulations are authorised or required to be made under this Act.

(2) If any regulations made under paragraph (j) of subsection (1) so direct, then subject to any additions, omissions or modifications specified in such regulations as aforesaid, the provisions of this Act and of any other regulations made hereunder shall apply in relation to the subdivision of land as if it were included in the definition of "development" contained in section 14(2).

34. For the avoidance of doubt it is hereby declared that the provisions of this Act, and any restrictions or powers thereby imposed or conferred in relation to land, shall apply and may be exercised in relation to any land notwithstanding that provision is made by any Act, by-law, order, rule or regulation in force at the passing of this Act, for authorising or regulating any development of the land.

35.-(1) Subject to this section, where any works for the erection or alteration of a building have been begun but not completed before the application of Part IV to any land, then if any permission required under any Act, by-law, order, rule or regulation for the carrying out of these works had been duly granted, permission shall, by virtue of this section, be deemed to have been granted under Part IV in respect of the completion of these works.

(2) The permission deemed to have been granted by virtue of this section shall be deemed to have been so granted subject to any conditions imposed by the permission granted under any Act, by-law, order, rule or regulation and shall include permission to use the building when erected or altered for the purpose for which the building, or the building as altered, is designed.

SCHEDULE

(Section 5(4))

12 of 1982, s. 6

1.-(1) Each Board shall consist of a Chairman and not less than five nor more than eight other members.

(2) The Chairman and the members of the Board shall be appointed by the Minister acting in accordance with the advice of the Provincial Executive or, as the case may be, the Council for Honiara established under section 3 of the Local Government Act (hereafter called "the appointing authority").
Cap. 117

(3) The names of the Chairman and the members of the Board as first constituted and every change in the membership of the Board shall be published in the Gazette.

2. The appointing authority shall appoint the Secretary of the Board who shall not be a member of the Board.

3.-(1) The Minister acting in accordance with the advice of the appointing authority may at any time revoke the appointment of the Chairman and of any member of the Board.

(2) The Minister shall revoke the appointment of the Chairman and of any other member if the member-

(c) is convicted of a criminal offence involving dishonesty or is sentenced to imprisonment without the option of a fine;

(d) is absent from three consecutive meetings of the Board without the permission of the Board;

4.-(1) The Board shall meet at such times and at such places as the Chairman shall consider to be necessary for the transaction of business.

(3) The Chairman shall preside at meetings but if he is absent or unable to act the other members present at the meeting shall elect one of their number to act as Chairman.

(4) The decisions of the Board shall be by a majority of votes of members present and in addition to an original vote the Chairman shall have a second or casting vote in any case in which the voting is equal.

(5) Minutes of each meeting shall be kept by the Secretary and shall be confirmed by the Board at a later meeting.

(6) The Secretary shall before a meeting of the Board send to the Minister the agenda for that meeting, copies of supporting papers and the minutes of the previous meeting.

(7) The Board may invite any technical adviser to the Government, any public officer, any employee of the Provincial Assembly and any planning consultant to attend its meetings as an adviser and such adviser may take part in the discussions of the Board but shall not be entitled to vote.

(8) The Board shall, subject to this Schedule, have power to regulate its own proceedings.

5. The acts and decisions of the Board shall be authenticated by the signature of the Chairman or the Secretary.

6. The validity of any proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

7. The Chairman or any other member of the Board who has an interest in any application to the Board shall as soon as the Board considers the application disclose the nature of his interest and then such member may take part in the consideration of the application but shall not vote in the decision of the Board on the application.

8. No personal liability shall attach to the Chairman or any other member of the Board for anything done in good faith under this Act as a member of the Board and any damages or costs which may be recovered against such member for anything done as aforesaid shall be paid out of the funds of the appointing authority.

9. The Chairman and members of a Board may be re-imbursed reasonable travelling and accommodation expenses necessarily incurred in attending meetings of the Board and may be paid such sitting allowance as the Minister, after consultation with all appointing authorities, may by notice in the Gazette prescribe.

10. The expenses of, and any compensation awarded, by the Board shall be paid out of the funds of the appointing authority.

At the request of the Honiara Town Council, the area of authority of that Council is hereby declared to be a "local planning area" with effect from 5th December 1980.

At the request of the Guadalcanal Provincial Assembly, all areas of land other than customary land within the areas specified in the Schedule are hereby declared to be "local planning areas" with effect from 9th January 1981.

Commencing at a point on the east bank of the MATANIKAU at the junction with the boundary of the TOWN OF HONIARA, thence south and west along the east bank of the MATANIKAU to the junction with the southern boundary of LR 83, thence by this southern boundary of LR 83 to the junction with the boundary of LR 395/5, thence south and east along the west and south boundaries of LR 395/5 and along the prolongation of that south boundary of LR 395/5 to the NGALIMBIU thence upstream along the NGALIMBIU, TONI and MBETILOLO to the head waters of the latter, thence by a line following the ridge to POPOMANESEU, thence easterly along the top of the main ridge to the headwaters of the MONGA and NGURAMBUSU, thence along these two rivers to the High Water Mark, thence along the High Water Mark to the HONIARA TOWN BOUNDARY and thence along the HONIARA TOWN BOUNDARY to the point of commencement.

Commencing at the high water mark at the mouth of the POHA thence south along that river to the headwaters of that river, thence west along the ridge to CONE PEAK, thence west along the main ridge to KESAU and thence along High Water Mark to the point of commencement.

The areas are delineated and edged red on map No. 2209 deposited in the offices of the Survey and Mapping Division, Ministry of Agriculture and Lands, Honiara.

At the request of the Western Provincial Assembly all areas of land other than customary land within the area specified in the Schedule is hereby declared to be a "local planning area" with effect from 10th July 1981.

Commencing at a point on high water mark, which point is 8 metres on a bearing of 242.33 distant from a concrete mark at grid reference 260,328.5 East 9, 104, 123.1 North, thence by a straight line grid bearing 62º 33’ for an approximate distance of 1239 metres to a point on the high water mark at Gizo Harbour, thence by a straight line grid bearing 0° 0’ for an approximate distance of 66 metres to a point; thence by a straight line grid bearing 90° 0’ for an approximate distance of 1164 metres to a point; thence by a straight line grid bearing 180 0’ for an approximate distance of 497 metres to a point on high water mar thence along the high water mark in a southerly and westerly direction for an approximate distance of 2880 metres to the point of commencement as is more particularly delineated on Plan No. 1456 deposited in the office of the Survey & Mapping Division, Ministry of Agriculture and Lands, Honiara.

At the request of the Central Islands Provincial Assembly, all areas of land other than customary land within the areas specified in the Schedule is hereby declared to be a "local planning area" with effect from 24th July 1981.

All of the land comprising the island of Tulagi and the other islands in the harbour of Tulagi, namely Makambo, Ghavutu, Tanambogho, Kokomu Tambu, Soghonangola, Ghaome and Mbongana, as more particularly delineated in red on Plan No. 9/160/1 & 9/160/2 deposited in the offices of the Survey and Mapping Division, Ministry of Agriculture and Lands.

At the request of the Western Provincial Assembly, all areas of land other than customary land within the areas specified in the Schedule are hereby declared to be a "local planning areas" with effect from 8th February 1982.

On the island of New Georgia commencing at the mouth of the Piraka, thence upstream along that waterway to its headwaters and thence by a straight line to the top of Mbokuniboku Hill, thence in a northerly direction to the Mbaeroko River thence downstream along that river to the high water mark, thence along the high water mark in a west, south, east and north direction to the point of commencement as is more particularly delineated and crosshatched in black on Plan 2236 deposited in the offices of the Survey and Mapping Division, Ministry of Lands, Energy and Natural Resources, Honiara. Together with all mangrove swamps, reefs and enclosed waters contiguous to that high water mark.

On the island of Alu and to include all of the land contained within the limits of LR 158, LR 159, LR 163, LR 359, and LR 392 as is more particularly delineated and cross hatched in black on Plan 2233 deposited in the offices of the Survey and Mapping Division, Ministry of Lands, Energy and Natural Resources, Honiara.

With the consent of the Guadalcanal Provincial Assembly, the lands other than customary land within the areas specified in the Schedule are hereby declared to be "local planning areas" with effect from 25th July 1986.

Commencing at the mount of Alligator Creek thence eastward along the high water mark to the mouth of Mbetinivua Creek thence southwards following the eastern boundary of Block Plan 192-009 to meet the most north easterly corner of Block Plan 192-001. Thence due south along the eastern boundary of Block Plan 192-001 to meet the northern corner of Block Plan 192-020 thence south easterly to the south east corner of Block Plan 192-020. Thence westerly along the southern boundaries of Block Plans, 192-020 and 192-001 to meet the eastern boundary of Block Plan 192-015 thence due south to the south eastern corner of Block Plan 192-029. From thence westerly along the boundaries of Block Plans 192-029 and 192-028 to the most westerly corner of Block Plan 192-028, thence in a north easterly direction to the point of intersection by the southern boundary of Block Plan 192-017 and the western boundary of Block Plan 192-028. Thence from that point of intersection clockwise and along the boundary of Block Plan 192-017 to meet the most north westerly comer of Block Plan 192-018, thence along the western boundary of Block Plan 192-018 to the point of commencement. The area is more clearly defined as the total area of Block Plans 192-001, 192-009, 192-015, 192-017, 192-018, 192-019, 192-020, 192-023, 192-028 and 192-029 which are plotted on Quarter Degree Sheet 192. The public can inspect Quarter Degree Sheet 192 at the office of the Registrar General.

DECLARATION OF AUKI ALIGEGEO/ KILU’UFI OF MALAITA PROVINCE AS LOCAL PLANNING AREAS AS WELL AS CONTROLLED AREAS
(Sections 7 and 13)

With the assent of the Malaita Provincial Assembly and the recommendation of the Malaita Province Town and Country Planning Board, all the lands specified and described in the Schedule hereto are hereby declared to be-

(b) lands to which the provisions Part IV of the Act (which relate to control of development of land) shall apply,

All registered land (other than registered customary land) as drawn on Registry Block Plans 151-001, 151-002, 151-004, 151-005, 151-007, 151-008, 151-009, 151-010, 151-012, 171-001 and 171-002.

Copies of these Block Plans can be inspected at the Offices of the Surveyor-General and Registrar of Titles.

DECLARATION OF ALL REGISTERED LANDS OF THE MAKIRA ULAWA PROVINCE AS LOCAL PLANNING AREAS AS WELL AS CONTROLLED AREAS
(Sections 7 and 13)

With the assent of the Makira Ulawa Provincial Assembly and the recommendation of the Makira Ulawa Province Town and Country Planning Board, all the lands specified and described in the Schedule hereto are hereby declared to be-

(b) lands to which the provisions of Part IV of the Act (which relate to control of development of land) shall apply,

All registered land (other than registered as customary land) within the boundaries of the Makira Ulawa Province as defined in the Provincial Government Act 1981 and particularly as drawn on Registry Blocks Plans-

Copies of these Block Plans can be inspected at the Offices of the Surveyor-General and Registrar of Titles.

With the consent of the Honiara Town Council, it is hereby ordered that the provisions of Part IV of the Act (which relate to the control of development of land) shall apply, and have effect in the area of Solomon Islands specified in the Schedule hereto with effect from 15th August 1980.

The area known as Honiara the boundaries thereof are delineated and edged red on plan number 1981 deposited in the offices of the Commissioner of Lands.

With the consent of the Western Provincial Assembly, it is hereby ordered that the provisions of Part IV of the Act (which relate to the control of development of land) shall apply, and have effect in the area of Solomon Islands specified in the Schedule hereto with effect from 21st November 1980.

The area known as Barora the boundaries thereof are delineated and edged red on plans number UM40/80 & UM40/12 deposited in the offices of the Commissioner of Lands.

With the assent of the Guadalcanal Provincial Assembly, it is hereby ordered that the provisions of Part IV of the Act (which relate to the control of development of land) shall apply and have effect over all land other than customary land within the areas specified in the Schedule with effect from 9th January 1981.

Commencing at a point on the east bank of the MATANIKAU at the junction with the boundary of the TOWN OF HONIARA, thence south and west along the east bank of the MATANIKAU to the junction with the southern boundary of LR 83, thence by this southern boundary of LR 83 to the junction with the boundary of LR 395/5, thence south and east along the west and south boundaries of LR 395/5 and along the prolongation of that south boundary of LR 395/5 to the NGALIMBIU thence upstream along the NGALIMBIU, TONI and MBETILOLO to the headwaters of the latter, thence by a line following the ridge to POPOMANESEU, thence easterly along the top of the main ridge to the headwaters of the MONGA and NGURAMBUSU, thence along these two rivers to the High Water Mark, thence along the High Water Mark to the HONIARA TOWN BOUNDARY and thence along the HONIARA TOWN BOUNDARY to the point of commencement.

Commencing at the High Water Mark at the mouth of the POHA thence south along that river to the headwaters of that river, thence west along the ridge to CONE PEAK, thence west along the main ridge to KESAU and thence along High Water Mark to the point of commencement.

Commencing at the High Water Mark at the mouth of the POHA, thence south along the POHA to the headwaters of that river, thence west along the TANACHEHE ridge to CONE PEAK, thence east along the main ridge to POPOMANESEU, thence north along the ridge to the headwaters of the MBETILOLO, thence north along the MBETILOLO, TONI and NGALIMBIU to the junction of the NGALIMBIU with the prolongation of the southern boundary of LR 395/5, thence west along this prolongation of the southern boundary of LR 395/5 and west and north along the south and west boundary of LR 395/5 to the junction of this boundary with the southern boundary of LR 83, thence along the southern boundary of LR 83 to the MATANIKAU, thence along the MATANIKAU to the HONIARA TOWN BOUNDARY, thence north and west along the HONIARA TOWN BOUNDARY to the High Water Mark and thence along the High Water Mark to the point of commencement.

Commencing at High Water Mark at the mouth of the NGURAMBUSU, thence south along the NGURAMBUSU to the headwaters of that river, thence east along the ridge to MARAU PEAK, thence north along the MANDONU to the High Water Mark, thence west along the High Water Mark to the point of commencement.

Commencing at the High Water Mark at KESAU, thence south along the ridge to CONE PEAK, thence west along the ridge to VUNGATAMBU, thence south along the GHOVE to the High Water Mark, thence north and east along the High Water Mark to the point of commencement.

Islands and reefs lying offshore but within the area of authority of the Guadalcanal Provincial Assembly are deemed to be part of the planning area immediately adjacent to the said island or reef.

The areas are delineated and edged red on map No 2209 deposited in the offices of the Survey and Mapping Division, Ministry of Agriculture and Lands, Honiara.

With the consent of the Guadalcanal Provincial Assembly, it is hereby ordered that the provisions of Part IV of the Act (which relate to the control of development of land) shall apply and have effect over all land other than customary land within the areas specified in the Schedule hereto with effect from 23rd January 1981.

Commencing at High Water Mark at the mouth of MANDONU, thence south along the MANDONU to MARAU PEAK, thence south by the stream entering the head of KOPIU BAY, thence along the High Water Mark to the point of commencement.

Commencing at High Water Mark at the stream emptying into KOPIU BAY, thence north along this stream to MARAU PEAK, thence west along the ridge to POPOMANESEU, thence south along the KOLOULA to the High Water Mark and thence along the High Water Mark to the point of commencement.

Commencing at High Water Mark at the mouth of the KOLOULA, thence north by the KOLOULA to POPOMANESEU, MANASEU, thence west along the main ridge to CONE PEAK, thence south to VUGATUMBI, thence south by the GHOVE to the High Water Mark and thence by the High Water Mark to the point of commencement.

Islands and reefs lying offshore but within the provincial boundary of Guadalcanal Province are deemed to be a part of the planning area immediately adjacent to the said island or reef.

The description of the areas are delineated and coloured red on map No. 2209 deposited in the offices of the Survey and Mapping Division MAL Honiara.

With the consent of the Western Provincial Assembly, it is hereby ordered that the provisions of Part IV of the Act (which relate to the control of development of land) shall apply and have effect over all land other than customary land within the areas specified in the Schedule hereto with effect from 10th July 1981.

All of the land above high water mark, excluding the town of Gizo, within a line commencing at a point at grid reference 251,000 East 9,099,000 North, thence by a line bearing grid north for a distance of 16,000 metres to a point, thence by a line bearing grid east for a distance of 9,000 metres to a point, thence by a line bearing grid 135º 0’ for a distance of 16,970 metres to a point thence by a line bearing grid south for a distance of 4000 metres to a point and thence to the point of commencement as delineated on Plan No. 2213 deposited in the Survey & Mapping Division, Ministry of Agriculture and Lands, Honiara.

GIZO TOWN, MUNDA/ NORO/ BAEROKO, NEW GEORGIA, KOHINGO, KOLOMBANGARA, MBAVA, KOROVOU, ALU, BILUA & CHOISEUL BAY

Commencing at a point on high water mark, which point is 8 metres on a bearing of 242.33 distant from a concrete mark at grid reference. 260.328.5 East 9,104,123.1 North, thence lay a straight line grid bearing 62º 33 for an approximate distance of 1239 metres to a point on the high water mark at Gizo Harbour, thence by a straight line grid bearing 0° 0’ for an approximate distance of 66 metres to a point, thence by a straight line grid bearing 90° 0’ for an approximate distance of 1164 metres to a point, thence by a straight line grid bearing 180° 0’ for an approximate distance of 497 metres to a point on high water mark; thence along the high water in a southerly and westerly direction for an approximate distance of 2880 metres to the point of commencement as is more particularly delineated and edged in red on Plan No. 2235 deposited in the offices of the Survey and Mapping Division, Ministry of Lands, Energy and Natural Resources, Honiara.

On the island of New Georgia commencing at the mouth of the Piraka, thence upstream along that waterway to its headwaters and thence by a straight line to the top of Mbokuniboku Hill, thence in a northerly direction to the Mbaeroko River thence downstream along that river to the high water mark, thence along the high water mark in a west, south, east and north direction to the point of commencement as is more particularly delineated and edged in red on Plan 2236 deposited in the offices of the Survey and Mapping Division, Ministry of Lands, Energy and Natural Resources, Honiara. Together with all mangrove swamps, reefs and enclosed waters contiguous to that high water mark.

All of the island of New Georgia, with the exclusion of Munda/Noro/Baeroko Planning area as is more particularly delineated and edged in red on Plan 2237 deposited in the offices of the Survey and Mapping Division, Ministry of Lands, Energy and Natural Resources, Honiara. Together with all mangrove swamps and reefs contiguous to that island and all barrier islands and lagoon islands comprising the neighbouring lagoons.

The whole of the island of Kohingo as is more particularly delineated and edged in red on Plan 2236 deposited in the offices of the Survey and Mapping Division, Ministry of Lands, Energy and Natural Resources, Honiara. Together with all mangrove swamps, and reefs contiguous to the high water mark of the island of Kohingo.

The whole of the island of Kolombangara as is more particularly delineated and edged in red on Plan 2236 deposited in the offices of the Survey and Mapping Division, Ministry of Lands, Energy and Natural Resources, Honiara. Together with all mangrove swamps, reefs and islands contiguous to the high water mark of the island of Kolombangara.

The whole of the island of Mbava as is more particularly delineated and edged in red on Plan 2236 deposited in the offices of the Survey and Mapping Division, Ministry of Lands, Energy and Natural Resources, Honiara. Together with all mangrove swamps, reefs and islands contiguous to the high water mark of the island of Mbava.

On the island of Alu and to include all of the land contained within the Limits of LR 158, LR 159, LR 163, LR 359 and LR 392 as is more particularly delineated and edged in red on Plan 2233 deposited in the offices of the Survey and Mapping Division, Ministry of Lands, Energy and Natural Resources, Honiara. Together with contiguous mangrove swamps and reefs.

On the island of Alu to include all of the land within the limits of LR 164, LR 162, LR 748, LR 637, LR 718, LR 715, LR 714, LR 713, LR 320, LR 156, LR 712, LR 790, LR 607, LR 146, LR 20 and LR 260 together with LR 9 Ballalae, LR 21 Faisi, LR 155 Orlofi, LR 351 Onua, LR 154 Teulu, LR 348, LR 463 and LR 96 Porporang, LR 347 and LR 373 Pirumeri and LR 10 Ghohuru as is more particularly delineated and edged in red on Plan 2233 deposited in the offices of the Survey and Mapping Division, Ministry of Lands, Energy and Natural Resources, Honiara. Together with all mangrove swamps and reefs contiguous to the high water mark of the above LRs.

On the island of Vella Lavella commencing at the mouth of the Sekesukuru thence along that waterway to its headwaters thence by a straight line to the headwaters of the Barakoma, thence along that waterway to the high water mark, thence along the high water mark in a southerly, westerly and northerly direction to the point commencement as is more particularly delineated and edged in red on Plan 2236 deposited in the offices of the Survey and Mapping Division, Ministry of Lands, Energy and Natural Resources, Honiara. Together with all offshore islands and all reefs and mangrove swamps contiguous to the high water mark.

On the islands of Choiseul, commencing at the mouth of the Mboreghosonggo, thence by that waterway to its head waters thence by a straight line to the headwaters of the Pemba, thence along the waterway to the highwater mark, thence by the highwater mark to the point of commencement as is more particularly delineated and edged in red on Plan 2234 deposited in the Survey and Mapping Division, Ministry of Lands, Energy and Natural Resources, Honiara. Together with all reefs and mangrove swamps contiguous to that high water mark and to include all offshore islands.

With the consent of the Temotu Provincial Assembly, it is hereby ordered that the provisions of Part IV of the Act (which relate to the control of development of land) shall apply and have effect over all land other than customary land within the areas specified in the Schedule hereto with effect from 4th April 1986.

All those registered areas shown on the Registry Block plans which are prepared and kept by the Surveyor General.

In accordance with the recommendation of the Western Province Town and Country Planning Board, it is hereby declared that the provisions of Part IV of the Act (which relate to control of development of land) shall apply and have effect over all the land other than customary land within the area specified in the schedule hereto with effect from 28th August 1987.

All registered land (other than registered as customary land) within the boundaries of the Western Province as defined in the Provincial Government Act.

With the consent of the Isabel Provincial Assembly, it is hereby ordered that the provisions of Part IV of the Act (which relate to control of development of land) shall apply and have effect over all land other than customary land within the areas specified in the Schedule hereto the effect from 4th September 1992.

Parcel Number	Parcel Number	Parcel Number
055-003-1	089-001-5	108-003-2
071-002-1	098-001-6	130-001-2
071-003-1	089-001-7	131-003-¼
072-001-1	107-002-1	131-004-1 & 2
089-001-3	107-002-2	Lot 15 of LR 516
089-001-4	107-002-3

THE TOWN AND COUNTRY PLANNING (TREE PRESERVATION) (HONIARA) REGULATIONS
(Sections 27 (3) and 33)

1. These Regulations may be cited as the Town and Country Planning (Tree Preservation) (Honiara) Regulations.

"the Board" means the Town and Country Planning Board for Honiara established under section 5 of the Act;

"operation" (subject to subsection (2) of section 14 of the Act) includes tree felling for development purposes; timber, firewood or other purpose whatsoever, or any unauthorised destruction of trees;

"tree" means any woody plant exceeding 5 metres in height, or as otherwise defined in the Order;

"tree felling" means felling, cutting, topping, lopping, tapping, burning, poisoning, removing of bark, or otherwise damaging or destroying any tree or part of a tree.

3. No person shall fell any tree in respect of any operation in Honiara except in accordance with the provisions of the Act, and any regulation made thereunder.

4. Applications to the Board for permission to fell any tree shall be made in accordance with section 15 of the Act and shall be in the form set out in Schedule 1 to these Regulations and include such fee as the Board may from time to time determine.

5. The Board shall consider such application within twenty-eight days of receiving it and in accordance with section 16 of the Act, communicate its decision to the applicant in the form set out in Schedules 2 or 3 to these Regulations, as the case may be, within a further fourteen days.

6. An applicant aggrieved by the decision of the Board may appeal to the Minister in accordance with section 19 of the Act in the form set out in Schedule 4 to these Regulations, and the Minister shall consider such appeal and communicate his decision within a reasonable time.

7. In accordance with section 27 of the Act, where it appears to the Board expedient in the interest of amenity to make particular provision for any tree, trees or woodland it may make an Order in respect to any such tree, trees or woodland as may be specified in the Order.

8. No person shall fell any tree in respect of which an order is in force except in compliance with that order and these Regulations.

9. Notice of an order shall be given to the owners and occupiers of land affected by such an order, in the manner specified in regulation 10.

10. Where the modes of service of notice set out in section 31 of the Act, appear to the Board to be impracticable in the particular circumstances, service may be made in any of the following ways-

(c) by affixing the notice on any prominent tree on the land affected by the order,

as the Board may consider to be adequate or most effective for the purpose of bringing them to the attention of all persons affected thereby.

11. Any owner or occupier aggrieved by an order, may make objections and representations to the Board, which shall-

(b) make clear by a plan or otherwise the trees in respect of which the objection is made;

(d) cause it to be received by the Board within twenty-eight days from the date of service of the notice.

12.-(1) The Board, shall within twenty-eight days of receipt, consider such objections or representations, and may require the person-

(2) The decision of the Board shall be communicated to the person making the objection within fourteen days thereafter.

13. If no objections or representations are made to the Board within the time allowed by regulation 12, or if all such objections and representations are withdrawn or have been duly considered by the Board, the Board shall issue a certificate to this effect and the Minister on being satisfied that the Board has conformed with paragraph (b) of subsection (3) of section 27 of the Act, confirm the order.

14. When the Minister has confirmed the order, a copy shall be served on the owners or occupiers in the manner set out in section 31 of the Act or in regulation 10.

15. An owner or occupier of land affected by an order may, at any time apply to the Board in the manner set in regulation 4 in the form set out in Schedule 1 to these Regulations for permission to fell or to carry out any operation.

16. Where an application for consent or permission to fell a tree or carry out any operation is made to the Board under regulations 14 or 15, the Board may,

(b) give consent subject to conditions (including replanting and direction for care and maintenance); or

Provided that the Board shall give unconditional consent to fell any tree which in the opinion of a Forestry Officer is dangerous to life or property subject to the provisions of subsection (5) of section 27 of the Act.

17.-(1) Where it is proposed to fell a tree because the tree is dying, dead or dangerous, a certificate from the Forestry Officer to this effect shall be produced to the Board at least 14 days before the proposed action, and the Board shall give its permission.

(2) Where the Forestry Officer certifies that there is immediate substantial danger of injury to persons or property, such dying, dead or dangerous tree may be cut immediately by responsible Council officer(s) and a report to this effect shall be made to the Board within 14 days of such felling.

18. Where an application for consent is made in respect of woodland, the Board may give unconditional consent for any specified operations which accord with principles of good forestry, unless, in its opinion it is necessary to refuse consent, or give consent subject to such conditions as are in the interest of amenity, or science, in order to maintain:-

19. Where the Board grants consent to fell any tree, part, or group of trees or woodland otherwise than-

(b) to allow development to be carried out in accordance with permission to develop land under Part IV of the Act,

the Board shall give the owners or occupiers of such land directions in writing setting out the manner in which the land is to be replanted, including any requirements recommended by a Forestry Officer, and any additional requirements in respect of

20.- (a) When the Board has given permission to lop, top or otherwise remove any part of any tree; or

(b) such action is taken in compliance with any powers conferred on any person by any Act or regulations,

such lopping, topping or other removal of part of any tree shall be performed by properly trained employees or agents of the Honiara Town Council, so as to preserve the tree and prevent it becoming diseased or dangerous.

21. Any person who contravenes any provision of these Regulations shall be guilty of an offence and shall be liable to the penalties set out in sections 25(1) and 27(6) of the Act.

Number:
Date Received:
Date Submitted to Board:
Date Applicant Advised:
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I/We of lot number .............................. in .............................. hereby apply for permission to fell, lop, trim (delete as appropriate) the tree(s) outlined in red on the attached plan, for the following reason(s): ........................................................................................................
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Should permission be granted I, hereby grant permission for an officer of the Honiara Town Council to enter my land and carry out the necessary works, and to pay the standard charge.

Signed:.............................................. Date:.....................................................
Name:................................................
Address:............................................ Telephone:............................................
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Name:................................................ Date:.....................................................
Address: .............................................
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Your application (...................................) received on ...................... was considered by the Honiara Town and Country Planning Board on .................................., permission was granted subject to the following conditions:

Please contact ................................... at the Honiara Town Council to make the necessary arrangements.

Name:................................................ Date:.....................................................
Address: ..........................................
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Your application (...................................) received on ................................... was considered by the Honiara Town and Country Planning Board on ..................................., and when it was decided that you could not proceed because:
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Should you ignore this decision by the Board you will face prosecution at Honiara Magistrates' Court and may be liable on conviction to a fine up to $500 under section 27(6) of the Town and Country Planning Act.

However, should you be aggrieved by the decision of the Board you may complete the attached Notice of Appeal and forward it through the Honiara Town and Country Planning Board, to the Minister responsible for Town and Country Planning matters within 14 days of your receipt of this notice.

I/we of lot ................................... in ................................... hereby wish to appeal to the Minister responsible for Town and Country Planning matters, regarding the Board's refusal of ............................................. to the following development:
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My reasons for this appeal are set out below:
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1. These Regulations may be cited as the Honiara Town and Country Planning Regulations.

"approved zoning plan" means the plan prepared by the Board and approved by the Minister;

"area" means the area known as Honiara to which Part IV of the Town and Country Planning Act has been applied by the Town and Country Planning Act (Part IV) Order;

"zone" means one of the zones into which the town of Honiara has been divided as shown in the approved zoning plan.

3. Applications for development in any zone shall be made to the Secretary to the Board in the form issued by the Board together with the fee as prescribed in the Schedule to these Regulations.

4. In considering the application the Board shall for the purpose of section 16(1) of the Act have regard to the approved zoning plan.

5. For the purpose of these Regulations Plan 1676A deposited with the Chief Physical Planner shall be the approved zoning plan until such time as the Minister approves the Honiara local planning scheme.

Solomon Islands Consolidated Legislation

Town and Country Planning Act