Clause 9

There shall, subject to the provisions of subsection (2) of this section, be paid to the Competent Authority a charge (hereinafter in this Ordinance referred to as “the development charge”) for written permission, including amendments to such written permission, granted under the provisions of subsection (1) of section 9 of this Ordinance which permits development —

in excess of —

the average residential density prescribed in the Town Map or the Central Area Map of the Master Plan; or

the average density of fifty persons per acre in the Island Map of the Master Plan; or

on an alteration to the Master Plan, under the provisions of subsection (2) of section 6 of this Ordinance after the 1st day of January 1964:Provided that the development charge, for amendments to a written permission, shall not be payable in respect of the dwelling units, plot or floor area for which the development charge has already been paid.(2) No charge shall be payable on a written permission granted to statutory boards.(3) The development charge may, in the discretion of the Competent Authority, be levied on —

the owner of the land in respect of which written permission is granted; or

the person making the application for the grant of written permission.(4) Notwithstanding the provisions of subsection (12) of section 9 of this Ordinance the Competent Authority shall not grant written permission until —

the development charge, if any, has been determined, under the provisions of subsection (2) of section 17B of this Ordinance; and

such development charge has been paid or secured to its satisfaction.(5) The Master Plan for the purposes of this Part of this Ordinance means the Master Plan submitted to and approved by the Governor in Council on the 5th day of August, 1958, including the written statement of the Master Plan, together with all alterations, additions and amendments made to such Plan and statement before the 1st day of January 1964.Determination of development charge17B.—

Any person, who applies for written permission, under the provisions of subsection (1) of section 9 of this Ordinance, shall together with such application, apply to the Competent Authority in the prescribed manner for the determination of the development charge, if any, that is payable.(2) The Competent Authority shall —

on an application being made, under the provisions of subsection (1) of this section; or

where no such application has been made, after serving a notice on the person from whom it is intended to levy the development charge,determine the development charge, if any, by an order.(3) The Competent Authority shall serve a copy of such order on the person liable for the payment of the development charge.(4) The development charge, determined under the provisions of subsection (2) of this section, may in the discretion of the Competent Authority be paid by such number of instalments as it may permit, together with interest at the rate of six per centum per annum.(5) Any person, who is dissatisfied with the order of the Competent Authority, made under the provisions of subsection (2) of this section, may within ten days of the service of the notice appeal to the Minister whose decision thereon shall be final.Development charge to be a first charge on land17C. If any development is commenced or carried out without payment of the development charge, such development charge shall, subject to the rights of the Government, be a first charge on the land of any person from whom any money is due under the provisions of this Ordinance.Power to prescribe development charge17D.—

The Minister may prescribe rules for giving effect to the provisions of this Part of this Ordinance and, without prejudice to the generality of the foregoing, for or in respect of all or any of the following matters: —

the different rates of development charge;

exemption of a particular, or a class of, development from the liability to pay the development charge; and

the procedure for an application for the determination of any development charge.(2) All rules made under this section shall be published in the Gazette and shall be presented to the Legislative Assembly as soon as may be after publication.Payment of charges into the Consolidated Fund17E. The Competent Authority shall pay all moneys collected under this Part of this Ordinance into the Consolidated Fund.”.