This Act was repealed on 2015-08-14 by Urban and Regional Planning Act, 2015.
Zambia
Town and Country Planning Act, 1961
Chapter 283
- Commenced on 16 November 1962
- [This is the version of this document at 31 December 1996.]
- [Repealed by Urban and Regional Planning Act, 2015 (Act 3 of 2015) on 14 August 2015]
53 of 1970; Government Notice 232 of 1964; Statutory Instrument 65 of 1965; Acts No 13 of 1994; 29 of 1995]An Act to make provision for the appointment of planning authorities, for the establishment of a Town and Country Planning Tribunal, for the preparation, approval and revocation of development plans, for the control of development and subdivision of land, for the assessment and payment of compensation in respect of planning decisions, for the preparation, approval and revocation or modification of regional plans; and for matters connected with and incidental to the foregoing.
Part I – Preliminary
1. Short title
This Act may be cited as the Town and Country Planning Act.2. Interpretation
In this Act, unless the context otherwise requires—"advertisement" means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purpose of advertisement or announcement and, without prejudice to the foregoing definition, includes any hoarding or similar structure used or adapted for use for the display of advertisement, and references to the display of advertisements shall be construed accordingly;"agriculture" means the use of land exclusively or mainly for agriculture, whether as arable, pasture, ranching, grazing, orchard or seed growing, or for fish farming, forestry or for the breeding and keeping of livestock including any creature kept for the production of food, wool, silk, skins or fur, and includes buildings necessary therefor and uses ancillary thereto;"appointed day" means the 16th November, 1962;"approved development plan" means a development plan and any amendment or modification thereof approved by the Minister under section seventeen;"building" includes any structure or erection and any part of a building so defined, but does not include plant or machinery comprised in a building;"building line" means a line specifying the minimum distance between the boundary of a stand, lot, plot or road, and any building or proposed building on the stand, lot or plot;"class", in relation to development, means the group of land or building uses to which the development is deemed to belong by virtue of any regulation made under section fifty-three;"Customary Area" has the meaning assigned thereto by section two of the Lands Act;[Cap. 184]"development" has the meaning assigned to it by section twenty-two and "develop" has a corresponding meaning;"development order" has the meaning assigned thereto by section twenty-three;"development plan" means a development plan and amendment or modification thereof ordered, prepared or in the course of preparation in accordance with the provisions of this Act;"erection", in relation to buildings, includes extension, alteration and re-erection;"former Act" means the Town Planning Act, Chapter 123 of the 1959 Edition of the Laws, section eighty of the Municipal Corporations Act, Chapter 119 of the 1962 Edition of the Laws, and section twenty-seven A of the Townships Act, Chapter 120 of the 1962 Edition of the Laws, as the case may be;"functions" includes power and duties;"Government purpose" means a purpose of the Government of Zambia;"highway authority" means a highway authority as defined in the Roads and Road Traffic Act;[Cap. 464]"holding" means any area of land which is shown as a farm, stand, lot or plot on a general plan or other plan approved under the Land Survey Act, and includes any building erected thereon;[Cap. 188]"land" includes any building erected thereon; and also includes land covered by water and any right in or over land, excepting mineral rights;"local authority" means a City Council, a municipal council, township council or district council as defined in the Local Government Act;[Cap. 281]"mining" means any operation lawfully carried out under the provisions of the Mines and Minerals Act;[Cap. 213]"Natural Resources Board" means the Natural Resources Advisory Board established under the provisions of section three of the Natural Resources Conservation Act;"owner" means—(a)the person registered as the proprietor of any land except where that person has leased or subleased the land to another person for a period of fourteen years or more;(b)the person in whom the lease of any land is vested under a registered deed except where that person has subleased the land to another person for a period of fourteen years or more;(c)the lessee of State Land held under a lease expressed to be for a period of fourteen years or more;(d)the lessee of land held under any other lease expressed to be for a period of fourteen years or more; and(e)the allottee of land held under a provisional title and in process of alienation by the President;and includes the liquidator of any company which is an owner as aforesaid, and the representative recognised by law of any owner as aforesaid who has died, become insolvent, assigned his estate for the benefit of his creditors, or is under any legal disability;"planning authority" means the local or other authority appointed by or under the provisions of section five and shall, for the purposes of Parts V and VI, include the Natural Resources Board;"prescribed" means prescribed by regulation made under the provisions of this Act;"public notice" means a notice published once in the Gazette and either in each of two consecutive issues of a newspaper circulating in the area to which the notice relates or in such other manner as the Minister may direct;"public purpose" has the meaning assigned thereto in the Public Lands Acquisition Act;[Cap. 189]"statutory undertaker" means Zambia Railways, and any body responsible under any written law for the supply of water or electricity within Zambia, and *any other body which the Minister may be statutory notice specify;*Any highway authority and any body responsible under any written law for the construction or maintenance of bridges, sewers or sewage disposal works, water courses or drainage works within Zambia, and any railway company as defined in the Regulation of Railways Act, Chapter 755 of the Revised Edition, specified by G.N. No. 358 of 1962."subdivision" has the meaning assigned to it by section twenty-two and "subdivide" has a corresponding meaning;"subdivision order" has the meaning assigned thereto by section twenty-three;"township authority" means a township council;"Tribunal" means the Town and Country Planning Tribunal established under the provisions of section six.[As amended by No. 69 of 1965, S.I. No. 65 of 1965 and No. 53 of 1970]3. Application
4. Disagreement between Republic and planning authority
5. Appointment of planning authorities
Part II – Town and Country Planning Tribunal
6. Establishment of Tribunal
There is hereby established a Tribunal to be known as the Town and Country Planning Tribunal which shall have the jurisdiction, power and authority conferred upon it by this Act and by any regulation made hereunder.7. Constitution of Tribunal
8. Appointment of vice-president
9. Remuneration of president, vice-president, members and advisers
The Minister may prescribe fees to be paid to the president, the vice-president and members of the Tribunal and to any advisers appointed by the president or the vice-president under this Part, who are not officers of the public service, and the president, the vice-president, members or advisers shall be paid in respect of the expenses incurred by them in travelling and subsistence when discharging their duties such sums as may be prescribed.[No. 16 of 1965]10. Record of proceedings
A record of the proceedings of the Tribunal shall be kept and filed in the office of the secretary to the Tribunal and may be inspected and copies thereof obtained upon like conditions and upon payment of the same fees as if they were civil records of a subordinate court.11. Appeals to Tribunal
12. Witnesses and evidence
13. Protection of president, vice-president, members and advisers
No action shall be brought against the president, the vice-president or members of the Tribunal or advisers to the Tribunal in respect of any act done or order made by them in good faith in the execution or supposed execution of the powers and duties conferred upon them under this Act or any regulation made hereunder.[As amended by No. 16 of 1965]14. Regulations
The Minister may, by statutory instrument, make regulations prescribing—Part III – Development plans
15. Order for preparation of development plans
16. Preparation of development plans
17. Approval of development plans
18. Revocation or modification of approved development plans
Part IV – Procedure for the preparation and submission of development plans and their modification and extension
19. Preparation and submission of development plans and objection thereto
20. Consideration of approval by the Minister
21. Notice of approval or rejection by the Minister
The Minister shall notify the planning authority of his approval, with or without modification, or his rejection of the development plan and, on receipt of such notice, the planning authority shall forthwith give public notice of the approval or rejection, and shall serve notice of the approval or rejection on any person by whom a representation or objection was duly lodged, and on such other persons, if any, as may be required by a general or specific direction given by the Minister and, in the event of approval, shall place the approved development plan on permanent public deposit during the normal hours of official business and shall cause the descriptive matter of the approved development plan, if any, to be published for sale to the public.Part V – Permission required for development and subdivision of land
22. Permission required for development and subdivision
23. Development or subdivision orders
24. Delegation to planning authorities
25. Application for planning permission
26. Additional powers of Minister to give directions to any planning authority
27. Supplementary provisions re grants of planning permission
28. Supplementary provisions re grant of permission to subdivide
29. Additional provisions for appeal to Tribunal
30. Revocation and modification of planning permission by the Minister
31. Enforcement of planning control
32. Supplementary provisions as to enforcement including penalties
33. Repeated operation of enforcement notices
Part VI – Compensation for refusal or conditional grant of planning permission
34. Definition of "planning decision"
In this Part, "planning decision" means, in the case of an application for permission made under Part V, a refusal by the Minister or planning authority to whom functions have been delegated under section twenty-four of that permission, or a grant thereof by the Minister or planning authority subject to conditions, or a notice served under the provisions of subsection (2) of section thirty-one.35. Compensation for planning decision
36. No compensation payable in certain cases
37. No compensation if other development permitted
38. Exclusion and limitation of compensation in certain other cases
Where any person who is entitled to compensation under this Act is also entitled to compensation under any other Act in respect of the same matter, then such person shall elect whether he will claim compensation under this Act or under the said other Act, and such election shall be a bar to any further claim in respect of the same matter:Provided that, where a person elects to claim compensation under this Act, he shall not be entitled to receive any greater compensation under this Act than he would have received under the said other Act.39. General provisions as to claims for compensation
Part VII – Acquisition of land
40. Acquisition of land
41. Owner may require acquisition of reserved land
42. Disposal of land
The President or the local authority may, by way of sale or lease, with the agreement of the Minister or planning authority, as the case may be, dispose of land acquired (whether compulsorily or by agreement) under this Part to any body or person for development in accordance with permission granted under Part V.[As amended by S.I. No. 65 of 1965]43. Assessment of valuation
Part VIII – Regional plans
44. Preparation of regional plan
45. Appointment of regional Planning authority
46. Approval of regional plan
The Minister may, after consultation with all planning authorities within the area of a regional plan submitted under this Part, approve the regional plan with or without modifications or reject it, and if the regional plan is approved, thereafter, no development plan will be prepared, or an approved development plan implemented or modified in a manner which does not have proper regard to the approved regional plan, without the consent of the Minister, nor shall any land reserved in any regional plan for a specific public purpose be used otherwise than for that purpose without the consent of the Minister:Provided that a regional plan shall not be approved with modifications unless and until the Minister has had consultation with the said planning authorities concerning the modifications which it is proposed to make.[As amended by G.N. No. 232 of 1964]47. Revocation or modification of approved regional plan
48. Application to Customary Areas and townships
Part IX – General
49. Power to hold or cause the holding of Public inquiries
50. Service of notices
Any notice or order served or made under this Act shall be in writing, and any notice or order shall be served on or given to any person or shall be sufficiently served if it is left at the last known postal, residential or business address of the person to be served or if it is sent by registered post addressed to the person by name at the last known postal, residential or business address of the person, and in such last case, the notice or order shall be deemed to have been received by the said person on the day on which such notice or order would have been received by the person in the ordinary course of post whether the same shall have been actually received by him or not.51. Right of entry
52. Additional consent required
Any consent granted under the provisions of this Act shall be in addition to and not in substitution for any consent required under any other written law or under any conditions or stipulations incorporated under the title of any land.53. Regulations
54. Savings
The provisions of the former Act are hereby repealed:Provided that any application to subdivide land or establish a township which had been granted under the former Act, but had not been fully approved in detail on the appointed day, shall remain subject to the provisions of the former Act up to the date of the final approval of the application or, if the applicant so desires, a fresh application may be made under the provisions of this Act.55. Acts, orders and conditions given or imposed under former Act
History of this document
14 August 2015
Repealed by
Urban and Regional Planning Act, 2015
31 December 1996 this version
Consolidation
16 November 1962
Commenced