As enacted

Contents

Act of Parliament · As enacted

Town and Country Planning (Amendment) Act 2000

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translation, read from a scanFrom Department of Government Printing's scanned PDF, read by OCR; may contain errors

s 1Short title

This Act may be cited as the Town and Country

Planning (Amendment) Act, No. 49 of 2000.

s 2Replacement of long title to Ordinance No. [3 of 1946

The Town and Country Planning Ordinance, No. 13

of 1946, (hereinafter referred to as “the principal enactment’)

is hereby amended by the substitution for the long title thereof of the following :—

“An Ordinance to authorize the formulation and implementation of a national physical planning policy; the making and implementation of a national physical plan with the object of promoting and regulating integrated planning of economic, social, physical and environmental aspects of fand in Sri Lanka; to provide for the protection of natural amenities, the conservation of natural environment, buildings of architectural and historic interest and places of natural beauty; to facilitate the acquisition of land for the purpose of giving effect to such plan and to provide for matters incidental to or connected with the matters aforesaid.”.

s 3Replacement of sections 2, 3 and 4 of the principal enactment

Sections 2, 3 and 4 of the principal enactment are hereby repealed and the following new sections substituted therefor :—

“Scope of

2. A national physical plan may be prepared national under this Ordinance in conformity with the physical national physical planning policy, with respect to land, whether there are or are not buildings thereon, with the general object of promoting and regulating the development of the land, of plan.

2—H 008061——5,550 (2000/07)

securing proper infrastructure, amenities and conveniences, of conserving the natural and built environment of architectural, historic of aesthetic interest and of natural beauty.

Constitution of the National physical Planning Council

(1)

There shall be established a National

Physical Planning Council (hereinafter referred

“

+199

og to as “the Council”) consisting of —

(a)

the Head of the Government, who shall be the Chairman ;

(b)

the Minister in charge of the subject of

National Physical Planning, who shall be the

Vice Chairman ;

(c)

the Minister in charge of the subject of

Economic Planning ;

(d)

the Minister in charge of the subject of

Finance

;

(e)

the Minister in charge of the subject of

Land ;

(f)

the Minister in charge of the subject of

Agriculture ;

(g)

the Minister in charge of the subject of

Industry ;

(h)

the Minister in charge of the subject of

Housing

;

(i)

the Minister in charge of the subject of Urban

Development ;

(j)

the Minister in charge of the subject of

Transport

;

(k)

the Minister in charge of the subject of

Highways ;

(2)

the Minister in charge of the subject of

Ports

;

(m)

the Minister in charge of the subject of Civil

Aviation ;

(n)

the Minister in charge of the subject of Coast

Conservation ;

(0)

the Minister in charge of the subject of the

Environment ;

(p)

the Minister in charge of the subject of

Forestry ;

(q)

the Minister in charge of the subject of

Tourism ;

(r)

the Minister in charge of the subject of

Irrigation ;

(s)

the Minister in charge of the subject of

Power

;

(t} the Minister in charge of the subject of

Culture

;

(u)

the Minister in charge of the subject of

Provincial Councils ;

(v)

the Minister in charge of the subject of Plan

Implementation ;

(w)

the Minister in charge of the subject of

Health.

(x)

Chief Ministers of all Provinces.

(2)

The Chairman may, if the Chairman is satisfied that the proposed national physical plan or other matter which is being or is about to be considered by the Council affects or is likely to affect the interest of any Ministry which is not represented in the Council, request the Minister in charge of that Ministry to be present and to vote at meetings of the Council at which such national physical plan or matter is considered, and any Minister so requested, shall, whenever such national physical plan or matter is considered at a meeting of the Council, be deemed to be a member of the.Council.

(3)

The Chairman, shall preside at all meetings of the Council. In the absence of the Chairman from any meeting of the Council, the Vice

Chairman shall preside at such meeting.

(4)

The Minister in charge of the subject of

Physical Planning shall, in consultation with the

Chairman, be the convener of meetings of the

Council.

(5)

The Secretary of the Ministry of the

Minister in charge of the subject of National

Physical Planning shall be the Secretary of the

Council.

(6)

Subject to the preceding provisions of this section the Council may regulate the procedure in regard to the meetings of the Council and the transaction of business at such meetings,

Powers and functions of the Council

The Council shall have power —

(a)

to consider and approve, with or without modification, the national physical planning policy and the draft national physical plan submitted by the Inter-Ministerial Co-ordinating Committee ;

(b)

to direct the Inter Ministerial Co-ordinating

Committee to re-submit the national physical planning policy or any draft national physical plan modified or amended as instructed by the Council ;

(c)

to consider any draft regional physical plan as may be submitted to it by the Inter-Ministerial Co-ordinating Committee as to its conformity with the national physical plan or national physical planning policy and approve such plan ;

(4)

(e)

to refer back to the Inter-Ministerial Co-ordinating Committee any such draft regional physical plan with directions that it be resubmitted with amendment or modification, as may be specified, effected ;

to require the National Physical Planning

Department to ensure funds, from its annual budget for the implementation of the plan approved by the Council ;

to give the Inter-Ministerial Co-ordinating

Committee such directions including a time-frame for the implementation of the plan as may reasonably be necessary to ensure the achievement of the objectives of the Ordinance.”.

s 4Insertion of new sections 44, and 4s inthe principal enactment

The following new sections are hereby inserted immediately after section 4 and shall have effect as sections 4a and 48 respectively of the principal enactment :—

“Constitution of an Inter-Ministerial

Co-ordinating

Committee on National

Physical

Planning.

4a. (1) There shall be established an inter-Ministerial Co-ordinating Committee on National

Physical Planning (hereinafter referred to as “Co-ordinating Committee”)’

the subject of Physical Planning :-—

(a)

The Secretaries of the Ministries of the

(2)

The Co-ordinating Committee shall consist of the following members who shall be appointed by the Minister, appointed under

Article 44 of the Constitution to be in charge of

Ministers appointed under Article 44 of the

Constitution in charge respectively of the subjects of —

(i)

Physical Planning

;

(ii)

Economic Planning

;

(ili)

(iv)

(v)

(vi)

(vii)

(viii)

(ix)

(x)

(xi)

(xii)

(xili)

(xiv)

(xv)

(xvi)

(xvii)

(xviii)

(xix)

(xx)

(xxi)

(xxii)

(xxiii)

(xxiv)

(xxv)

(b)

the

(c)

Finance ;

Land ;

Agriculture

Industry ;

Housing ;

Transport ;

Highways ;

Ports ;

Civil Aviation ;

Coast Conservation ;

Environment ;

Forestry

Tourism ;

Irrigation ;

Power ;

Home Affairs ;

Provincial Councils ;

Plan Implementation ;

Culture ;

Fisheries ;

Mahaweli Development ;

Plantation ;

Construction.

Chief Secretaires of all Provinces ;

the Director-General, National Physical

Planning ;

(d)

the

(e)

the

Director-General of National Planning ;

Director-General of Urban Development thority appointed under the Urban

Development Authority Law No. 41 of 1978 ; and

(f)

the Director-General of the Board of

Investment of Sri Lanka appointed under the

Board of Investment of Sri Lanka Law

No. 4 of 1978.

(3)

The Secretary of the Ministry of the

Minister in charge of the subject of National

Physical Planning shall be the Chairman of the

Co-ordinating Committee.

(4)

The Chairman of the Co-ordinating

Committee may if he is satisfied that the proposed national physical plan or other matter which is being or is about to be considered by the Co-ordinating Committee affects or is likely to affect the interest of any Ministry which is not represented in the Co-ordinating Committee, request the Secretary to that Ministry to be present and vote at mectings of the Co-ordinating

Committee at which such national physical plan or matter is considered, and any Secretary so requested shall, whenever such national physical plan or matter is considered at a meeting of the

Co-ordinating Committee be deemed to be a member of the Committee.

(5)

The Chairman or in his absence, a member elected by the members present, shall preside at meetings of the Co-ordinating Committee.

(6)

All questions for decisions at meetings of the Co-ordinating Committee shall be decided by the vote of a majority of the members present. In the case of an equality of votes, the member presiding shall have a casting vote.

(7)

The quorum for any meeting of the Co-ordinating Committee shall be ten members and subject to the provisions of thissection, the Co-ordinating Committee may regulate its own procedure.

Powers and duties of the Co-ordinating

Committee.

4p. It shall be the duty of the Co-ordinating

Committee —

(a)

(6)

(c)

(d)

(e)

to cause a draft policy on national physical planning and a draft national physical plan to be prepared by the Director-General,

National Physical Planning ;

to cause any approved policy on national physical planning and any approved national physical plan to be reviewed, revised and updated from time to time as may be necessary ;

to examine any draft or revised policy on national physical planning or any draft or revised national physical plan submitted to it, to cause any amendment or modification which the Co-ordinating Committee considered necessary to be made thereto and to make recommendations thereon to the

Council ;

to examine any draft or revised regional physical plan submitted to it and make recommendations thereon to the Council ;

to advise the Council with regard to the declaration of any strategic development area in a regional physical plan and of the formulation of a development plan for such area ;

to implement any directions received from the Council.”.

Reference to Central Planning Commission is construed to be a reference to the Co-ordinating Committee.

§. Every reference to the “Central Planning Commission”

in the principal enactment shall be read and construed as a reference to the Co-ordinating Committee established under section 4a.

s 6General amendment to the principal enactment

Wherever the words “Director, Town and Country

Planning” or “Director”, denoting the Director, Town and

Country Planning appear in the principal enactment there shall be substituted therefor the words “Director-General, National

Physical Planning” and “Director-General” respectively.

s 7Insertion of new sections 5a, 5p Sc,

The following new sections are hereby inserted immediately after section 5, and shal} have effect as section

s 5aSp and 55 in the principal enactment

58. 5c, 5D and Se respectively of the principal enactment :—

“Duties and

Sa. The duties and functions of the Director-functions of Gencral of the Nnational Physical Planning shall the Director-be —

General of

National

(a)

to formulate a national physical planning

Planning.

(b)

to prepare a national physical plan ;

{c) to prepare physical planning guide lines to be adopted by the regional or local physical planning authorities ;

(d)

to prepare any regional or local plan where the regional or local planning authority fails in, or requests, the preparation of such plan ;

(e)

to assist Provincial Councils in the preparation and development of regional physical plans ;

(f} to make recommendations to the Co-ordinating Committee on plans in accordance with the national physical planning policy, for submission to the

Council

;

(g)

to review and examine, periodically the national physical planning policy, the national physical plan and the national

‘physical planning strategy in operation and

(h)

(i)

where necessary, to recommend to the Co-ordinating Committee, change in such policy, plan and strategies ;

to monitor the implementation of the national physical plan sanctioned by the

Council ; and to assist the Council and the Co-ordinating

Committee in all activities including performing functions of a secretariat which it may be called upon to do by the Council and the Co-ordinating Committee.

5B.

Powers of

(1)

The Director-General of the National the Director-Physical Planning shail have the power to do all such acts as may be necessary for the discharge of all or any of his functions under the Ordinance.

General of the National Physical Planning.

(2)

Without prejudice to the generality of the powers conferred on him by subsection (1), he shall have power—

(a)

(d)

{c)

to carry oul such surveys, investigations, studies and research as may be necessary for the discharge of his functions relating to the national physical planning and national physical plans ;

to conduct hearing with a view to ascertaining the opinions of experts, professionals gr the general public on matters relating to national physical plan ;

to establish and maintain liasion with international institutions and organisations outside Sri Lanka discharging functions similar to those discharged by the National

Physical Planning Department;

(d)

(e)

(g)

(A)

Ad the to establish and maintain an information data bank of national physical plan and regional physical plans ;

to engage consultants and take such steps as may be necessary to advance the skills of his officers with the view to developing a pool of expertise in all aspects of national and regional physical planning ;

to call for and obtain such information as the national physical planning would require including statistics and data from

Ministries, Government Departments,

Public Corporations Statutory Boards,

Provincial Councils, Local Authorities and private sector establishments ;

to ensure through the Ministry of the

Minister, funding, either from the local or foreign sources to bridge any shortfall in the budget allocation for the implementation of the plan ; and to adopt all measure which in the opinion of the Director-General are considered necessary for, conducive or incidental to, the discharge, exercise and performance, of the functions, powers and duties related to the national physical planning,

Sc. There shall be established a Technical visory Committee (hereinaticr referred to as

“the Advisory Committee”) consisting of the following members :-—

Technical Advisory Committee.

(a)

a representative of the Institute of Town

Planners of Sri Lanka established under the

Institute of Town Planners, Sri Lanka

(Incorporation) Act, No. 23 of 1986 :

(b)

(c)

(d)

(e)

(g)

(h)

()

(k)

a representative of the Sri Lanka Institute of

Architects established under the Sri Lanka

Institute of Architects Law, No. 1 of 1976;

arepresentative of the Institute of Engineers,

Ceylon established under the Institute of

Engineers, Ceylon, Act, No. 17 of 1968 ;

a representative of the Surveyors Institute of Sri Lanka established under the Surveyors

Institute of Sri Lanka (Incorporation) Act,

No. 22 of 1982;

a representative from the Road Development

Authority to be nominated by the Minister in charge of the subject of Transport ;

a representative from the Land Use Policy

Planning Division of the Ministry of Lands to be nominated by the Minister in charge of the subject of Lands ;

a representative from the Ceylon Electricity

Board to be nominated by the Minister in charge of the subject of Power ;

a representative from the Ministry of Finance to be nominated by the Minister in charge of the subject of Finance ;

a representative from the Ministry of

Planning to be nominated by the Minister in charge of the subject of Planning ;

one member from among persons who have had experience and qualifications in the field of physical planning ;

one member from among persons who have had experience and qualifications in the field of water resources.

Functions of the Advisory members of

Sp. The functions of the Advisory

Committee shall be to—

Committee.

(a)

advise the Director-General of the National

Physical Planning in the formulation of national physical planning policy and on the preparation of the national physical plan ;

(b)

advise the Director-General on the national physical planning strategy ; and

(c)

advise the Director-General on any other matter relating to national and regional physical planning that may be referred to the Advisory Committee by the Director-General.

Term of office of the

SE. (1) Every member of the Advisory

Committee shall be appointed by the Minister and shall, unless he earlier vacates office by death, resignation or removal, hold office for a period of three years from the date of appointment and shail be eligible for re-appointment.

the Advisory Committee.

(2)

The Minister may, if he considers it expedient to do so, by Order published in the

Gazette, remove from office any member of the

Advisory Committee for reason assigned therefor.

(3)

A member of the Advisory Committee may at any time resign from his office by letter to that effect addressed to the Minister.

(4)

If any member of the Advisory Committee dies, resigns or is removed from office, the

Minister may appoint any other person to be a member in place of the member who dies, resigns or is removed from office.

(5)

A member who has been appointed under subsection (4) shall, unless he earlier vacates his office by death, resignation or removal, hold office for the unexpired period of the term of office of his predecessor.

(6)

The Advisory Committee may discharge its functions notwithstanding any vacancy among its members.

(7)

Three members of the Advisory

Committee shall constitute a quorum for any meeting of the Advisory Committee.

(8)

Subject to the provisions of this Ordinance the Committee may regulate the procedure in regard to its meeting and the transaction of business at the meeting.

(9)

The members of the Advisory Committee may be paid such remuneration as may be determined by the Minister in consultation with the Minister in charge of the subject of Finance.”.

s 8Amendment of section 12 of the

Section 12 of the principal enactment is hereby amended—-

(1)

by the repeal of paragraph (a), (5), (c), (d), (e) and (f) of subsection (1) of that section and the substitution of the following paragraphs therefor :—

“(a) the Chief Secretary of the Provincial

Council, who shall be the Chairman ;

(b)

arepresentative from each local authority in the province recommended by the local authority ;

(c)

the District Secretaries of the Province ;

(d)

a representative of the Urban

Development Authority ;

(e)

an officer not below the rank of Assistant

Superintendent of Surveys of the Survey

Department ;

(f)

a representative of Road Development

Authority ; and

(g)

not more than three persons nominated by the Minister from among the persons who have distinguished themselves in the field of economics or physical planning, administration, environment or any other field related to physical planning”,

(2)

by the repeal of subsections (3) and (4) of that section.

s 9Replacement of regional planning scheme, planning scheme, Outline Planning Scheme, detail planning scheme &c

The principal enactment is hereby amended by the substitution—

(1)

for the expression “regional planning scheme” or

“regional scheme” wherever it occurs, of the expression “regional physical plan” ;

(2)

for the expression “outline planning scheme” or

“outline scheme” wherever it occurs, of the expression “outline physical plan” ;

(3)

for the expression “detail planning scheme” or “detail scheme”, of the expression “detail plan” ; and

(4)

for the expression “planning scheme” or “scheme” of the word “plan”.

s 10Amendment of section 21 of the principal enactment

Section 21 of the principal enactment is hereby amended by the addition at the end of subsection (1) of that section of the following :—

“in conformity with the national physical planning policy.”

s 11Amendment of section 24 of the principal enactment

Section 24 of the principal enactment is hereby amended—

(1)

in subsection (1) thereof by the repeal of all the words from “in accordance with the Order” to the end of that subsection and the substitution therefor of the following :—

“to invite, before it prepares a draft plan for that area or land, the general public to participate in its deliberations and formulation of such plan in such manner as the planning authority may consider appropriate and to prepare such plan in accordance with the Order and on or before such date as may be specified therein :”,

(2)

in subsection (2) of that section by the substitution for the words “has failed or refused to” of the words “has failed to invite the participation of the general public or has failed or refused to”.

(3)

by the addition, by the end of that section, of the following new subsection :—

“(3) the planning authority shall, in preparing any plan for any development area, have regard to the national physical planning policy.”.

s 12Reference to the Minister in sections 28 and 30 of the principal enactment to include a reference to the Council

Every reference to the “Minister” in sections 28 and 30 of the principal enactment shall, insofar as it relates to a regional physical plan, be read and construed as a reference to the Council.

s 13Amendment of the section 38 of the principal enactment

Section 38 of the principal enactment is hereby amended by the substitution for the words “Subject to the provisions”, of the words “Subject to the national physical planning policy and the provisions.”.

s 14Amendment of the section 46 of the principal enactment,

Section 46 of the principal enactment is hereby amended by the substitution for the words “The Minister shall make”, of the words “Subject to the national physical planning policy the Minister shall make.”.

s 15Insertion of new section 88 in the principal enactment

The following new section is hereby instered immediately after section 87 of the principal enactment—

“This Act to

88. The provisions of this Act shall have effect prevail over notwithstanding anything to the contrary in any other laws.

other law and accordingly in the event of any conflict or inconsistency between the provisions of this Act and such other law, the provisions of this Act shall prevail over such other law.”.

s 16Amendment of the Urban Development ' Authority Law, No. 41 of 1978

The Urban Development Authority Law, No. 41 of 1978 (in this section referred to as the “Law”) is hereby amended as follows :—

(1)

in section 8,—

(i)

by the substitution for the words, “within any development area shall be—”, of the words

“within any development area shall, subject to any guidelines formulated in that behalf by the

National Physical Planning Department, be—” ;

and

(ii)

by the substitution for paragraph (p) of the following new paragraph :—

“(p) to co-ordinate, regulate or control any development scheme or project or any development activity of any person in such areas ;”.

(2)

In subsection (1) of 8J by the substitution for the words,

“Notwithstanding the provisions of any other law, no

Government agency or any other person shall”, of the words,

“No person shall.”.

Act, No. 49 af 2000

(3)

In section 28c—

(i)

by the substitution for the words, “Where an offence under this Law is committed—

(a)

by a body of persons, then—”, of the words, “where an offence under this Law is committed by a body of persons, then—” ;

(ii)

by the substitution in sub-paragraph (iv) for the words, “officer ; or’, of the words, “officer,” ; and

(iii)

by the repeal of paragraph (4) of that section.

s 17Sinhala text to prevail in case of any inconsistency

Inthe event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.