The Housing Act
Under the Housing Act, the Minister is deemed a “Corporation Sole” given him absolute discretion in the process of approval. The Minister may also cause an area to be deemed a “housing area” for which a housing scheme may be developed. The Minister also has the power after making an assessment of the housing conditions in any area; declare the area for “slum clearance” where it is deemed unfit for human habitation or dangerous too human health. Where such areas can be improved through demolition, reconstruction or repair, the Minister may declare such an area to be “Improvement Area”. The Act also provides that the clearance or improvement areas that have been declared and that such scheme shall contain plans and particulars relating to the works that are to be done in such areas. The Act also provides for the establishment of emergency housing in instances of public calamity either generally or in any particular area. The Act provides for the acquisition of land where required for the purpose of establishing a housing scheme, improvement scheme or emergency housing scheme. The Act also provides the Minister with the authority to make regulations relate to over-crowding, sanitary defects and for the inspection of houses and land vested in the Minister.
The Principle of Adverse Possession and the Limitation of Actions Act
The doctrine of Adverse Possession (colloquially described as “Squatters Rights”) operates so as to allow a person who is in possession of land as a mere squatter to obtain a good title if the true owner fails to assert his own superior title within the limitation period set out in the Limitation of Actions Act. This Act prohibits persons from bringing actions to recover land after the expiration of twelve years from the date on which the right to bring such a claim first arose. The effect of the prohibition is that, on the expiration of the twelve-year period, the true owner is barred from asserting his right against the person in adverse possession. The Act applies to both registered and unregistered land.
The Natural Resources Conservation Authority Act (NRCA Act)
The Act gives the NRCA the power to provide for the effective management of the physical environment in order to ensure the conservation, protection and proper use of natural resources. The authority has the power to:
- Develop, implement and monitor programmes relating to the management of the environment;
- Formulate standards and codes of practice to be observed for the improvement and maintenance of the quality of the environment;
- Investigate the effect on the environment of any activity that causes or might cause pollution or that involves or might involve waste management disposal
The NRCA Act requires:
a. Permits for designated classes of enterprises, construction and development; and
b. Licenses for the discharge to the environment of any sewage or liquid waste (referred to, as “sewage, “trade effluent” and “poisonous”, and noxious “or” polluting matter.
The Town and Country Planning Act
This Act makes “provision for the orderly and progressive development of land, cities, and other areas whether rural or urban, to preserve and improve the amenities thereof, and for other matters connected therewith”. It has the responsibility for development, which is defined “as the carrying out of building, engineering, mining or other operations, in or, over or under land”. It also establishes guidelines for the preparation of development orders as well as their contents and makes stipulations for Advertisement Control Regulations and Tree Preservation Orders. The Act is only applicable where a Development Order exists. However the Act also makes provision for the preparation of an interim Development Order for an area, which does not have a confirmed Development Order. This as some areas of Jamaica are not covered by Development Orders and therefore no planning permission is required for developmental works.
The Town and Country Planning Authority, which is appointed by the Minister who has responsibility for town and country planning and the local planning authority, administer this Act. The local planning authority exercises full authority for planning within their respective areas unless the planning areas have been “called in” by the TCPA, in which case the planning decisions are made by the authority.
The Town Planning Department provides the TCPA with the technical support in the preparation of Development Orders and the review of development applications. The Act confers the authority with the power to initiate prosecution enforcement procedures on the local planning authority, the TCPA and the Government Town Planner. Each agency has the power to inspect, investigate and monitor compliance and enforcement proceedings. The Act also gives the Government Town Planner, the TCPA and Local Planning Authority the power to issue or request the issuance of a stop order for unauthorized development or development that is deemed hazardous or otherwise dangerous to the public.
Kingston and St Andrew Building Act
The purpose of this Act is to regulate the construction of buildings in the Kingston Metropolitan Area. This applies to all buildings except those under the supervision or control of the Chief Technical Director in the Ministry of Works. The Act also outlines regulations, standards, codes of practice and requirements to which new buildings, or alterations to existing buildings, should be constructed. The Act establishes the “set back” distances between buildings, and outlines a building permit approval process for new buildings or for alterations to existing buildings. The Act also provides that the construction or alteration of any building shall be under the supervision of the City Engineer or his/her nominee, and that notices to inspect the buildings at various stages of work being undertaken shall be given. There is also a penalty for proceeding with work without giving such notice.
The Urban Development Corporation Act (UDC Act)
The Act establishes the Urban Development Corporation as a major development arm of the Government that undertakes mostly large-scale urban development projects, which private enterprise may find too risky or unprofitable, but which are vital to economic and social development. The UDC is authorized to acquire and dispose of land within areas designated under the Act, and is the local planning authority in such designated areas.
The Local Improvement Act
This Act, which regulates the subdivision of land, falls under the jurisdiction of the KSAC and the Parish Councils. It stipulates that before a sub-division is laid out on the ground an application must be submitted to the Local Authority in which the proposal is located. The local authority sanctions the sub-divisions after they have received advice and assistance from the Chief Technical Director of the Ministry of Transport and Works and the Government Town Planner
Land Development and Utilization Commission Act
Under the provisions of this Act, land may be declared, “idle”; thereafter the owner or occupier of such land would be required to submit a plan for its development. The owner or occupier would also be required to implement such a plan; non-compliance can lead to the compulsory acquisition of the said land.
Land Acquisition Act
This Act allows for the compulsory acquisition of land where said lands are required for “any public purpose” Any such acquisition is subject to the payment of compensation to the registered owner of said land. However this compensation may or may not reflect the true market value of said land.
The Local Improvement (Community Amenities) Act
This Act establishes the administrative procedures for planning and establishment of community amenities in areas not covered by a development order. The Act regulates the sub-division of land for the purpose of obtaining government approval of the layout and design of streets and services. It prohibits the sub-division or laying out of land without sanction of the Parish Councils in parishes designated by the Minister.
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