41. Saving and transitional provisions
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“Authority” means the Urban Redevelopment Authority established under section 3 of the repealed Act; and
“repealed Act” means the Urban Redevelopment Authority Act in force before 1st September 1989.
All conservation guidelines made by the Authority under the repealed Act shall be deemed to have been made under this Act.
conservation
“conservation” means the preservation, enhancement or restoration of —(a)the character or appearance of a conservation area; or(b)the trades, crafts, customs and other traditional activities carried on in a conservation area;
As from 1st September 1989 —
all moneys paid to and held by the Authority pursuant to section 49(3)(b) of the repealed Act shall be paid into the Consolidated Fund; and
all rights and interests vested in, and all liabilities and obligations incurred by, the Authority immediately before that date in connection with all moneys payable by way of instalments to or the payment of which is secured to the satisfaction of the Authority pursuant to that section, shall be transferred to and shall vest in the competent authority for the account of the Consolidated Fund without further assurance.
Any requirement or condition imposed, act done, waiver granted or order made by or any undertaking given to the Authority under the repealed Act in respect of the provision of car parking spaces shall be deemed to have been imposed, done, granted or made by or given to the competent authority under this Act or any rules made thereunder and shall continue to have effect accordingly.
Any proceedings or cause of action pending or existing immediately before 1st September 1989 by or against the Authority in connection with the provision of car parking spaces may be continued and shall be enforced by or against the competent authority.
Sections 32(1) and 33(1) to (4) shall not apply to any case where the competent authority or the Minister has before 1st September 1989 granted provisional permission to develop land under this Act.
develop
“develop” means to carry out any building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any building or land:Provided that the following operations or uses of land shall not be deemed for the purposes of this Part to involve development of land:(a)the carrying out of works for the maintenance, improvement or other alteration of a building which do not materially affect the external appearance or the floor area of the building;(b)the carrying out by any statutory authority of any works required for the maintenance or improvement of a street being works carried out on land within the boundaries of the street;(c)the carrying out by any statutory authority of any works for the purpose of laying, inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose;(d)the carrying out under the authority of any health authority under the Destruction of Disease-Bearing Insects Act of any act authorised under the provisions of that Act; (e)the use of any existing building or land within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such;(f)the use of any land for the purposes of agriculture or forestry (including afforestation), and the use for any of those purposes of any building occupied together with land so used.(2) For the avoidance of doubt, it is hereby declared that for the purposes of this section —(a)the use as two or more separate houses of any building previously used as a single house involves a material change in the use of the building and of each part thereof which is so used;(b)the use as a dwelling-house of any building not originally constructed for human habitation involves a material change in the use of the building;(c)the use for other purposes of a building or part of a building originally constructed as a dwelling-house involves a material change in the use of the building;(d)the demolition of, reconstruction of or addition to a building constitutes development;(e)the use for the display of advertisements of any external part of a building which is not normally used for that purpose involves a material change in the use of the building; and(f)the deposit of refuse or waste materials on land involves a material change in the use thereof notwithstanding that the land is comprised of a site already used for that purpose, if the superficial area or the height of the deposit is thereby extended:Provided that nothing in this paragraph shall be deemed to require permission in respect of the deposit of refuse or waste materials on a site already used for that purpose if the height of the deposit does not exceed the level of the land adjoining the site, and the superficial area of the deposit is not thereby extended. [10 In this Part, except where the context otherwise requires,
Section 34(3) shall not apply to any appeal against any determination of development charge in any case referred to in subsection (6); and this Act, as in force before 1st September 1989, shall continue to apply to such appeal.