|
|
Nomination of the responsible authority.
|
38.—(1) Every planning scheme—
|
|
| |
(a) shall name either one local authority to be the responsible authority for the purposes of such scheme or two or more local authorities to be the several responsible authorities for the purposes of such scheme, and
|
|
| |
(b) may assign to a local authority so named in such scheme duties and functions in relation to the enforcement and carrying out of such scheme and in particular (subject to the provisions of this section) the doing for the purposes of such scheme of all or any of the following things, that is to say, the execution of any public work, the undertaking of any public service, or the acquisition of any land.
|
|
| |
(2) Where a planning scheme names two or more local authorities to be the several responsible authorities for the purposes of such scheme, such scheme shall specify the area in respect of which or the purposes for which each of such local authorities is to be the responsible authority.
|
|
| |
(3) A planning scheme shall not assign to a local authority named therein as a responsible authority the duty of executing any public work, undertaking any public service, or acquiring any land for any purpose unless such local authority has power by law to execute such work, undertake such service, or acquire such land for such purpose either under a statute other than this Act, or under a provision of this Act expressly conferring such power, or under a statute which is, by virtue of this Act, declared by a planning scheme to be in force in the area in which such work is to be executed or such service is to be undertaken or such land is to be acquired, as the case may be.
|
|
| |
(4) In this Act (except this section) the expression “the responsible authority” shall be construed as referring to the local authority which is the responsible authority under the planning scheme in the area, and for the purpose in relation to which the expression is used.
|
