CAP. 241 Urban Development Commission L.R.O
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1 L.R.O. 2003 Urban Development Commission CAP. 241 CHAPTER 241 URBAN DEVELOPMENT COMMISSION ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Establishment of Commission. 4. Application of Act. 5. Minister to designate urban areas. 6. Functions of the Commission. 7. Urban renewal plan. 8. Appointment of committees and delegation of functions. 9. Appointment of Director of Urban Development. 10. Remuneration. 11. Appointment of staff. 12. Limitation of powers of Commission. 13. Directions of Minister. 14. Disclosure. 15. Derelict and similar buildings. 16. Appeals. 17. Re-development plans. 18. Re-development schemes. 19. Notification of approval of scheme. 20. Demolition order. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 241 Urban Development Commission L.R.O. 2003 2 SECTION 21. Use of land. 22. Acquisition of land. 23. Assessment and compensation. 24. Payment in respect of well-maintained houses. 25. Commission to make allowances. 26. Costs of persons opposing scheme. 27. Fees. 28. Urban Enterprise Fund. 29. Application of resources of the Fund. 30. Borrowing power. 31. Disposal of assets. 32. Accounts and audit. 33. Report. 34. Pension rights and service. 35. No conflict with National Housing Corporation. 36. Regulations. ______________ SCHEDULE 3 L.R.O. 2003 Urban Development Commission CAP. 241 ss.1-3 CHAPTER 241 URBAN DEVELOPMENT COMMISSION An Act to provide for the establishment of an Urban Development 1997-10. Commission for re-development and the improvement of social 2003-14. amenities in urban areas, and for related matters. [11th August, 1997] Commence- ment. 1. This Act may be cited as the Urban Development Commission Short title. Act. 2. In this Act, Interpreta- tion. "Commission" means the Urban Development Commission established by section 3; "disposal of land" means disposal, whether by sale, exchange or otherwise; "Director" means the Director of Urban Development appointed under section 9(1); "re-development area" means an area declared to be a re-development 2003-14. area under section 17(2); "urban area" means an area of land designated by order made by the Minister in accordance with section 5. 3. (1) There is established a Commission to be known as the Establish- Urban Development Commission. ment of Commis- sion. (2) The Schedule has effect with respect to the constitution of the Schedule. Commission and otherwise in relation hereto. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 241 Urban Development Commission L.R.O. 2003 4 ss.4-6 (3) The Commission is a body corporate to which section 21 of Cap. 1. the Interpretation Act applies. Application 4. This Act applies only to land in urban areas that is designated of Act. under section 5 or is vested in the Commission. Minister to 5. (1) The Minister may by order designate urban areas for the designate urban areas. purposes of this Act. (2) An order referred to in subsection (1) shall be subject to affirmative resolution. Functions 6. The functions of the Commission shall be confined to urban of the Commission. areas only and are as follows: (a) to acquire, hold or manage land and other property of any kind for the purposes of this Act; (b) to dispose of such land or other property on such terms and conditions as the Minister determines; (c) to construct, maintain and repair buildings; (d) to provide housing and improve social amenities and recreational activities; (e) to carry on any business or undertaking, including the provision of ancillary services for the purpose of this Act; (f) to make advances to persons on such conditions and with such securities as may be prescribed by the Minister for any of the following purposes: (i) to acquire houses and land; (ii) to construct houses; (iii) to refurbish buildings; (iv) to alter, enlarge, repair or improve houses or other buildings; 5 L.R.O. 2003 Urban Development Commission CAP. 241 ss.7-9 (g) to execute plans for re-development; 2003-14. (h) to encourage, promote and provide assistance in the development of economic activity and enterprise; and (i) to do such other things as are necessary to effectively carry out the purposes of this Act. 7. (1) The Commission shall prepare and submit to the Minister Urban an urban renewal plan which renewal plan. (a) shall serve as a guide for the carrying out of the 2003-14. re-development of urban areas; (b) shall outline the methods to be employed in accomplishing re-development; and 2003-14. (c) shall specify the amount of capital expenditure to be allocated 2003-14. to re-development. (2) The plan referred to in subsection (1) (a) shall include the plans and schemes mentioned in sections 17 and 18; and (b) shall be approved by the Cabinet prior to the commencement of any re-development. 2003-14. 8. The Commission may Appoint- ment of (a) appoint committees composed of members of the committees and dele- Commission and other persons, not being members of the gation of Commission, to assist the Commission in carrying out its functions. functions; and (b) delegate to such committees any functions it considers necessary. 9. (1) The Commission shall, with the approval of the Minister, Appoint- appoint a Director of Urban Development. ment of Director of Urban Develop- ment. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 241 Urban Development Commission L.R.O. 2003 6 ss.10-13 (2) The Director shall perform such functions as may be conferred on him by the Commission. (3) The Director is subject to the directions of the Commission and is responsible to the Commission for the execution of its policy and the management of its affairs. Remunera- 10. The Commission shall pay the Director such remuneration and tion. allowance, if any, as the Minister determines. Appoint- 11. The Commission may appoint and employ such other officers, ment of agents and servants as it considers necessary for the proper carrying staff. into effect of this Act, at such remuneration and on such terms and conditions as the Minister approves in writing. Limitation 12. Notwithstanding the powers conferred on the Commission by of powers of Commis- section 11, the Commission shall not, without the prior approval of sion. the Minister, (a) assign to any post established by the Commission any salary in excess of such amount per annum as the Minister may determine and notify to the Commission in writing; (b) appoint any person to a post established by the Commission to which a salary in excess of the amount determined by the Minister under paragraph (a) is assigned; or (c) make any provision for the payment of pensions, gratuities or like benefits to any officer or servant of the Commission or to others by reference to their service to the Commission. Directions 13. (1) The Minister may of Minister. (a) give the Commission directions of a general nature in respect of the policy to be followed by the Commission in the performance of its functions under this Act, and the Commission shall comply with those directions; (b) give such directions to the Commission as appear to him to be necessary or expedient in respect of the disposal or 7 L.R.O. 2003 Urban Development Commission CAP. 241 s.14 development of land vested in it in order to ensure the preservation of any features of special architectural or historical interest; and (c) give the Commission such directions as to the disposal of land held by the Commission in such manner and subject to such covenants and conditions as may be expedient for securing the development of an urban area. (2) Notwithstanding the powers conferred on it by section 3(3), the Commission may not, except with the approval of the Minister (a) transfer the freehold interest in any land; or (b) grant a lease of any land for a term of more than 99 years. 14. (1) A member who has any interest in a company or other Disclosure. entity with which the Commission proposes to enter into a contract or otherwise transact business shall disclose to the Commission the particulars of that interest; and details of the disclosure shall be recorded in the minutes taken at the meeting at which the disclosure is made. (2) For the purposes of this section, a general notice to other members by a member to the effect that he is also a member of a specified company or other entity and is to be regarded as interested in any contract which may after the date of the notice be made with the company or other entity shall be deemed to be sufficient declaration of interest in relation to any contract so made. (3) A notice mentioned in subsection (2) has no effect unless it is given at a meeting of the Commission, or unless the members concerned take reasonable steps to secure that it is brought up and read at the next meeting of the Commission after it is given. (4) A member shall not vote in respect of any contract in which he is interested and, if he does so, his vote shall not be counted nor shall he be counted in the quorum present on the consideration of any such contract. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 241 Urban Development Commission L.R.O. 2003 8 s.15 Derelict and 15.