According to section 1 of the local government act a district can be declared and named by the president through an executive instrument. The president can also direct the electoral commission to make a recommendation. Before the electoral commission can make a recommendation for the creation of a district, he must satisfy himself that the population in the area should be at least seventy-five thousand people. For a municipality, the geographical area should consists of a single compact settlement and that there is a minimum of ninety-five thousand people; for a metropolis, a minimum of two hundred and fifty thousand people. The electoral commission should also consider the geographical contiguity and economic viability of the area, namely, the ability of an area to provide the basic infrastructural and any other developmental needs from the monetary and any other resources generated in the area.
The district planning assembly is the planning authority for a district and has the duty to perform planning functions conferred on it by an enactment. The district assembly is to establish a district planning coordinating unit. The district planning coordinating unit shall comprise the professional staff that the district planning authority shall, in consolation with the National Development Planning Commission, direct.
The commission is to prescribe the format of district development plans. All district development plans shall be approved by the national development planning commission The District Assembly may however with the prior written approval of the Commission, make modifications to an approved district development plan.
A physical development shall not be carried out in a district without prior approval in the form of a written permit granted by the district planning authority. The procedure for securing such permit is to be prescribed by the regulations. A district planning authority may, prior to the adoption of an approved district development plan for the district, approve an application for a physical development in the district. In determining an application for a permit to develop prior to the adoption of an approved district development plan, the district planning authority shall consult the prescribed public agencies and local communities.
Exceptions to the requirement of the permit is found in section 51(3). Subject to the act, and to an action, a program or a project plan or unless the proposed activity obstructs or interferes with community right of space, the following activities shall not require prior permit from a district planning authority
- subsistence farming,
- farming and other activities carried on in a settlement of a population of not more than five thousand, and
- small-scale vegetable and flower gardening
A person shall, before constructing a building or any other structure, or undertaking a work, obtain a permit from the district planning authority which shall contain the necessary conditions. The district planning authority may give notice in writing in the form prescribed in the Third Schedule to an owner, occupier or a developer of premises, if the owner, occupier or developer is constructing a building or any other structure, has constructed a building or any other structure, or is working or executing a work, without a permit or in contravention of a by-law made by the District Assembly. The notice shall require the owner on or before a day specified in the notice by a statement in writing signed personally by the owner occupier or developer or signed personally by an agent duly authorised in that behalf and duly served on the district planning authority to show sufficient cause why the building, structure or work should not be removed, altered or pulled down. The district planning authority shall by notice order the owner, occupier or developer within a specified time to remove, alter or pull down the building, structure or other work at the expense of the owner, occupier or developer. If the owner, occupier or developer fails to comply with the order within the specified time, the district planning authority may carry out the removal, alteration or pulling down, and recover the expense from the owner, occupier or developer, as if it were a debt due from that person to the District Assembly. A person who contravenes the terms of a permit granted, commits an offence and is liable on conviction to a fine not exceeding two hundred penalty units or to a term of imprisonment not exceeding six months or to both the fine and the imprisonment, and in the case of a continuing offence to a further fine not exceeding one penalty unit for each day that the contravention continues after written notice has been served on the offender.
Under section 65, a District Assembly may by by-laws specify the types of buildings or special areas of a district, the designed plans of which buildings shall be required to be prepared by or under a registered architect or engineer or an architectural draughtsman licensed under an enactment. There shall be no restriction as to the person to design or sign the plan of a single-storey traditional building characteristic of rural areas and parts of urban areas. A person shall not submit to the district planning authority the plan of a building which is required to be submitted under subsection (1) unless the plan has been prepared by or under the supervision of, and is signed by, a person registered as an architect or an engineer under an enactment.
Enforcement
Sections 52, 53 and 54 of the local government act deals with enforcement
Section 52—Enforcement in Respect of Unauthorised Development
(1) Where—
(a) physical development has been or is being carried out without a permit contrary to this Act; or
(b) conditions incorporated in a permit are not complied with, a District Planning Authority may give written notice in such form as may be prescribed by regulations to the owner of the land requiring him on or before a date specified in the notice to show cause in writing addressed to the District Planning Authority why the unauthorised development should not be prohibited, altered, abated, removed or demolished.
(2) If the owner of the land fails to show sufficient cause why the development should not be prohibited, altered, abated, removed or demolished, the District Planning Authority may carry out the prohibition, abatement, alteration, removal or demolition and recover any expenses incurred from the owner of the land as if it were a debt due to the District Planning Authority.
(3) Nothing in this section shall preclude a District Planning Authority from issuing an enforcement notice demanding the immediate stoppage of the execution of any work carried out contrary to this Act or to the terms of an approved development plan.
(4) Any person who fails to comply with a notice issued under subsection (3) of this section commits an offence and is liable on conviction to a fine not exceeding ¢200,000.00 or to a term of imprisonment not exceeding six months or to both and in the case of a continuing offence to a further fine not exceeding ¢2,000.00 for each day that the contravention continues after written notice has been served on the offender.
Section 53—Enforcement in Respect of Execution of District Plans.
(1) A District Planning Authority may, for the purpose of enforcing an approved development plan—
(a) prohibit, abate, remove, pull down or alter so as to bring into conformity with the provisions of the approved plan, any physical development which does not conform to those provisions, or the abatement, removal, demolition or alteration of which is necessary for the implementation of an approved plan;
(b) prohibit the use of any land or building for a purpose or in a manner contrary to any provisions of an approved plan; or
(c) execute any work which is the duty of any person to execute under an approved plan, where delay in the execution of the work has occurred and the efficient operation of the approved plan has been or will be thereby prejudiced.
(2) Before taking action under this section, the District Planning Authority shall serve notice in a form prescribed by regulations on the owner of the land in respect of which the action is proposed to be taken and on any other person who in its opinion may be affected by it, specifying the nature of and the grounds upon which it proposes to take the action.
Section 54—Enforcement Against Nuisance.
(1) Where substantial injury to the environment, amenity, public health or the economy is caused by any nuisance or is likely to result from the action or inaction of any person, a District Planning Authority may serve notice in a form prescribed in regulations on the person requiring him to abate the nuisance within such time as may be specified in the notice.
(2) A notice served under sub-section (1) of this section shall specify the nuisance and the steps required to be taken to abate the nuisance.
(3) Where a notice issued under this section is not complied with, a District Planning Authority may carry out the abatement and recover the costs from the person causing the nuisance or the owner of the land where the nuisance is occurring as if it were a debt due from the person to the District Planning Authority.
- Unauthorised development of community’s right of space
A district planning authority may without prior notice, effect or carry out instant prohibition, abatement, alteration, removal or demolition of an unauthorised development carried out or being carried out that encroaches or will encroach on a community’s right of space, or interferes or will interfere with the use of that space.
Compensation – section 56
Claims for compensation
(1) Subject to this Act, a person
(a) whose property is adversely affected by the coming into operation or the execution of an approved development plan, or
(b) who for the purpose of complying with an approved development plan incurs expenditure
(i)by a subsequent revocation or modification of the plan, or
(ii)by a subsequent revocation or variation of a development permit granted to that person by a district planning authority, or
(c) who is aggrieved by a decision, an action or a policy relating to an approved development plan or the enforcement of it, may, within six months after the date of the approval of the plan or of the revocation or variation of a permit or of the taking of the decision or action complained of, lodge a claim for redress or compensation with the district planning authority.
Legal Proceedings, Notices- section 127
(1) A suit shall not be commenced against a District Assembly until one month at least after written
notice of intention to commence the suit has been served upon the Assembly by the intending plaintiff or
the agent of the plaintiff.
(2) The notice shall state the cause of action, the names and place of abode of the intending plaintiff
and the relief which the plaintiff claims.
What role does the forest play?
- It serves as a food basket, fruits, vegetables, cereal
- Maintenance of an ecological balance through the process of photosynthesis
- Plays a key role on rainfall pattern, intensity of rain and the distribution of rainfall
- Aesthetic value-minors oposa
- Source of plant medicine
- Wood for export and domestic use