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Physical Planning Act 1989.

Country/Territory
Papua New Guinea
Document type
Legislation
Date
1989 (2006)
Source
FAO, FAOLEX
Original source
Papua New Guinea Consolidated Legislation 2006.
Long title
Being an Act to establish a comprehensive mechanism for physical planning at national and provincial levels of government and to provide powers for the planning and regulation of physical development and to repeal the Town Planning Act (Chapter 204), and for related purposes.
Subject
Forestry, Land & soil
Keyword
Forestry protection measures Forest management/forest conservation Land-use planning Institution Court/tribunal Lease Legal proceedings/administrative proceedings Subdivision of land
Geographical area
Asia and the Pacific, Melanesia, Oceania, Small Island Developing States, South Pacific
Abstract

Section 2 declares that all land in Papua New Guinea shall be subject to this Act. Section 4 defines matters primarily of national interest for the purposes of this Act. Where consideration is being given to a physical planning matter under this Act, the appropriate authority shall take into account the provisions of the Environmental Planning Act 1978, the Environmental Contaminants Act 1978, and the Conservation Areas Act 1978 and other matters listed in section 5. The Minister may appoint a Chief Physical Planner for the purposes of this Act pursuant to section 6. The Chief Physical Planner is charged with the maintenance of standards of physical planning in the country and has such other powers, functions, duties and responsibilities as are prescribed. Duties of Minister responsible for physical planning are defined by section 7. A National Physical Planning Board is established under section 8. Functions of the Board are listed in section 17. Section17 to 33 provide for the establishment of Provincial Physical Planning Boards, Local Physical Planning Boards and the National Capital District Physical Planning Board, define their duties and powers and regulate their functioning. Section44 provides that a development plan may be prepared for any area in Papua New Guinea, whether or not it is a physical planning area, and may be: (a) a provincial development plan; or (b) an urban development plan; or (c) a local development plan; or (d) a subject development plan. Section 45 concerns contents of development plan. A development plan may designate land which may be required for public purposes as prescribed in the Land Act 1996. (sect. 56). The Minister may declare an area to be a physical planning area in the national interest under section 67 and a provincial Minister may declare an area within the province to be a physical planning area under section 68. Where a person intends to apply for a subdivision of land under Section 130 of the Land Act 1996 or a consolidation of leases under Section 131 of the Land Act 1996 for land within a physical planning area, he or she shall first obtain planning permission under section 75. Section 82 provides for a Preservation of Trees Order to be made by a Board for the preservation of any trees in a physical planning area. The Papua New Guinea Physical Planning Appeals Tribunal is established for the purpose of hearing appeals under this Act (sect. 88). (106 sections divided into 12 Parts)

Full text
English
Website
www.paclii.org

References - Legislation

Implemented by

Physical Planning Regulation 1990.

Legislation | Papua New Guinea | 1990 (2006)

Keyword: Land-use planning, Institution, Court/tribunal, Lease, Legal proceedings/administrative proceedings, Authorization/permit, Protected area, National parks

Source: FAO, FAOLEX

Amended by

Physical Planning (Amendment) Act 2016 (No. 27 of 2016).

Legislation | Papua New Guinea | 2016

Keyword: Land-use planning, Royalties/fees

Source: FAO, FAOLEX

Physical Planning (Amendment) Act 2022 (No. 55 of 2022).

Legislation | Papua New Guinea | 2022

Keyword: Subdivision of land, Land-use planning

Source: FAO, FAOLEX