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Select Committee on Finance and General Affairs debate -
Thursday, 13 Feb 1997

SECTION 25.

Amendment No. 31 not moved.

I move amendment No. 32:

In page 22, subsection (1), lines 38 to 43, to delete paragraph (b) and substitute the following:

"(b) The Authority may at any time prepare a planning scheme amending a planning scheme under this section, including a planning scheme continued in force by virtue of section 9(1), in respect of——

(i) the entire area to which the planning scheme applies, or any part thereof, or

(ii) the full requirements as to content specified in subsection (2), or any part thereof.”.

Under the Urban Renewal Act, 1986, there is no power to make a planning scheme amending an earlier planning scheme in respect of part of an area to which the earlier scheme related. This means that it became necessary to make a planning scheme in relation to a whole area in order to make changes which affect a part and, in addition to including the revised provisions in relation to a part of the area concerned, all the other provisions of the earlier scheme in relation to the remainder of the areas would have to be restated unaltered even though the part of the area might have been fully developed. That is not reasonable and it resulted in much unnecessary duplication of work to restate areas and maps which were out of consideration and developed. It was for that reason that provision was included in section 25(1)(b) of the Bill to allow amending planning schemes to be made in respect of any part of an area covered by the original planning scheme.

This amendment will also cover situations where the authority only wishes to make minor adjustments of a planning scheme in so far as it will allow an amending planning scheme to be made, not just for particular parts of an area but also for particular issues.

Amendment agreed to.
Amendment No. 33 not moved.

Amendments Nos. 34 and 35 are related and may be discussed together by agreement. Is that agreed? Agreed.

I move amendment No. 34:

In page 24, subsection (7)(a)(ii), line 13, to delete "Executive Board" and substitute "Authority".

In general, all the functions, powers and duties set out in the Bill are assigned to the authority — that is the way it is phrased — and sections 20 and 21 are relied on to establish whether it is the executive board or the council which will actually be responsible for those particular functions. Accordingly, the two references to the executive board in section (7)(a)(ii) should be replaced with references to the authority. It is for that purpose that these amendments are proposed.

In essence, where there is reference to any power the reference should be to the authority. Then we can rely on sections 20 and 21 to guide us whether it is the role of the council or the executive board. By mistake, the Executive Board was specifically mentioned in these two provisions and I want those references removed.

Amendment agreed to.

I move amendment No. 35:

In page 24, subsection (7)(a)(ii), line 17, to delete "Executive Board" and substitute "Authority".

Amendment agreed to.
Section 25, as amended, agreed to.
Sections 26 and 27 agreed to.
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