Delta State Physical Planning and Urban Renewal Law, 2024

DELTA STATE PHYSICAL PLANNING AND URBAN RENEWAL LAW, 2024

1. Short Title and Commencement. This Law may be cited as the Delta State Physical Planning and Urban Renewal Law, 2024 and shall come into force on the date it receives the Governor's Assent.

2. Interpretation. In this Law unless the context otherwise requires: "Appropriate Authority" means the Development Control Authorities established under Section 33(1) of this Law; "Applicable Permit Fee(s)" means all levies, processing fees, permit charges, fines, damages, and/or taxes as specified in the Regulations made pursuant to this Law; "Area Planning Office" means a Field Office of the Department of Town Planning; "Board" means Urban and Regional Planning Board; "Commissioner" means the Commissioner of the Ministry in charge of Urban Renewal; "Departments" means Urban Development or Town Planning where applicable; "Developer" or "Owner" means a person or group of persons who; (a) is/are, for the time being, entitled to a Certificate of Occupancy on a piece of Land for which a plan is submitted for the purpose of development; or (b) is/are responsible for the construction of a building or structure or agent of such person(s) (including an applicant, a builder, a consultancy firm, or limited liability company), applying for approval of Planning Permit, Planning/Development Implementation or Urban Space Use information under this Law; "Development" means the carrying out of any building, engineering, or other operations in, on, over or under any Land, or water or the making of any environmentally significant change in the use of any Land, structure or demolition of buildings including the felling of trees, fencing and the placing of free-standing erections used for the display of advertisements on the Land and the use of any space or Land and the expression "develop" with its grammatical variations shall be construed accordingly; "Ex-Offtcio" means persons who are career public servants and whose membership of the Board are by virtue of their public office; "Federal Land" means Land within the State acquired by the State Government for the use of the Federal Government and/or any of its Agencies; "Field Office" means the Area Planning Office/ Zonal Planning Office; "Government Acquisition" means all Land lawfully acquired by the Delta State Government of Nigeria within the State, for itself. Federal Government of Nigeria and any of its Agencies or Bodies established by Law; "Governor" means the Governor of Delta State; "House" means the Delta State House of Assembly; "Institutional Development means any development of Land for any of the following purposes: (a) Social Welfare, Community Development such as Education, Healthcare, Religion, Charity and others; (b) Offices for Political Organization(s), Trade Union(s), Employees Association{s) and any other organization(s) whose principal purpose is participating in Public Affairs; (c) Sports and Social Club but not clubs offering overnight accommodation for a charge/fees; (d) Museums, Monuments and Galleries; (e) Swimming Pools available for use by members of the public with or without the payment of any sum; and (f) Any development or use of Land for any purpose incidental to any of the matters interpreted in paragraphs (a) - (e) of this section; "Land" means any building or any other thing attached to the earth or permanently fastened/attached to it but does not include minerals therein; "Land Use Plan" means a plan duly prepared by a consultant Town Planner adopted and approved by Delta State Government through the relevant Agencies or Bodies established by this Law for the whole or part of Delta State; "Local Plan" means plan formulation in details without the context of the structure plan, the ways in which the policy and general proposals are to be implemented and includes any/or a combination of the following: (a) District Plans which are plans designed for each city/a group of cities comprehensively; (b) Sub-regional plan is a plan covering more than one Local Government Area; and (c) Action Area Plans (layouts) which are plans for areas indicated (or identified) for action by structure plans; where change by development, redevelopment or improvements need to be effected; "Ministry" means the Ministry in charge of Urban Renewal; "Person(s)" means a natural person or an incorporated body or entity; "Physical Development Plan" means all Plans set out in Sections 19 to 24 of this Law, and includes Schemes, Plans or Master Plans made under any other legislation which is approved under this Law such as the physical plans or schemes designed in respect of Delta State Capital Territory Development Agency or the Warri/Uvwie and Environs Special Area Development Agency, that has the participation of the Ministry; "Plan" means Land Use proposal expressed in words and graphics; "Plot" means the whole or any Land space which has been demarcated by a Survey Plan, which may be identified with boundary walls or fences where such belongs to a person(s) or Government; "Preliminary Permit Fees" means all preliminary or processing fees charged at the point of assessment of application/documents submitted for Development Plan as specified in the Regulations made pursuant to this Law; "Private Land" means all lands outside State Lands duly vested in the Governor and include Lands with ancestral/communal ownership documented in Titled Instruments; "Public Building" means a building used either regularly or occasionally as a public hall, public clinic, cinema, post office, theatre, stadium, exhibition hall or for other similar purposes including any building used as a place of worship, instruction, recreation, meetings, government administration, health institution, and to which any member of the public has access; "Redevelopment" means the planning process whereby an urban area is cleared and prepared for a new development including a total removal of existing urban infrastructure; "Region" means an area of Land less than the State but more than a town, having distinctive characteristics that distinguishes it from other areas; "Regional Plan" means statement of general policy and proposal for the Development designed to channel the growth of such a region in desirable direction; "Rehabilitation" means the planning process whereby individual structures are improved to meet established building standards and criteria, which can also be called Renovation Scheme; "Renovation" means any act done to cause an improvement to the aesthetics of a building including painting, changing of windows and doors, re-plastering, reroofing and any structural adjustment to the building; "Repair" means the renovation, including improvement to sanitary, electrical, mechanical, landscaping, or structural improvement to a building; "Residential Unit" means a building or part of a building consisting of room(s), house(s), flat(s), forming a habitable unit for one family with independent utilities; "Rural Plan" means development plan located within rural areas; "State" means Delta State of Nigeria;

"State Land" means all public Lands in the State which are vested in the Governor on behalf of/or in trust for the benefit of the Government of the State including all Lands previously held or acquired after this Law by any authority of the State for any public purpose(s) or benefit(s), as well as Lands so acquired under any other written law, including Land situated in the State vested in the Federal Government or any of its Agencies for their benefit(s); "Structural Plan" means a framework to guide the Development or Redevelopment of an area by defining the future development and Land use pattern; "Upgrading" means the planning process whereby an existing but decaying urban area or public facility is improved to meet established physical planning standard(s) and criteria, which can also be called an Improvement Scheme; "Urban Renewal" means the planning process geared towards a physical improvement of existing urban settlement(s) to eliminate blight by any of the following methods: (a) Redevelopment; (b) Upgrading; and (c) Rehabilitation; "Urban Scape Control" means the development, implementation and management of post approval activities that take place within and between townscape elements for sustainable urban development, morphology and enhanced functionality; "Use" means activity of daily living carried out in, on and around a defined and demarcated urban space; "Zoning" means either the land use provisions in the State, Regional Land Use Plan, Operative Master Plan, District Plan, Urban Renewal Plan of any area or any of the plans defined as such which specifies the appropriate use to which a development could be put; "Zonal Planning Office" means a Field Office of the Urban and Regional Planning Board;

3. Establishment of the Board. There is hereby established for the State, a body to be known as the Urban and Regional Planning Board.

4. Composition of the Board. (1) The Board shall be composed of: (a) A part-time Chairman, who shall be a Registered Town Planner or an Architect or Civil/ Structural Engineer, Quantity Surveyor or any other relevant professional with a minimum often (10) years' post qualification experience, appointed by the Governor. (b) A General Manager, who shall be a registered Town Planner not below Salary Grade Level 16 in the State Civil Service, appointed by the Governor on the recommendation of the Commissioner and shall function as the Secretary to the Board. (c) One representative each recommended by the following registered professional bodies and appointed by the Governor: (i) Town Planning; (ii) Architecture; (iii) Civil Engineering; (iv) Estate Surveying and Valuation; (v) Land Surveying; (vi) Quantity Surveying; and (vii) Building. (d) A State Counsel from the Ministry of Justice, not below the rank of an Assistant Director who shall function as the Legal Adviser to the Board. (e) A Quantity Surveyor or builder from the Ministry of Housing, not below the rank of an Assistant Director. (f) A representative of the Ministry of Works who shall be a Registered Civil/Structural Engineer not below the rank of an Assistant Director. (g) A representative of the Ministry of Environment who may be an Environmental Health Officer not below the rank of an Assistant Director. (2) Subject to the approval of the Governor, the Board may co-opt any person whose expertise or knowledge is required for any of its functions. (3) The Governor shall appoint the Chairman and members of the Board subject to the confirmation of the House.

5. Tenure of Office. The Chairman and members of the Board shall hold office for three years and shall be eligible for re-appointment for another term of three years and no more.

6. Functions of the Board. (1) The Board shall perform the following Functions: (a) The establishment and operation of an effective Development Control organ of the State Lands on which Plans have been prepared. (b) Ensuring that full and comprehensive records are kept of the Plans and schedule of all applications for Development Permit and those which are conditionally approved or disapproved. (c) Reviewing and granting of approval permits for Development Plans over building, structural and any development within State Lands. (d) Removal and demolition of illegal or unauthorized developments and structures within State Lands. (e) Participate in the initiation and preparation of Regional, Sub-Regional and Urban Master Plans, except Master Plans relating to Lands within Delta State Capital Territory' Development Agency, or Warri/Uvwie and Environs (Special Areas) Development Agency with the consent of the Ministry. (f) The Board shall approve Subject Plans in respect of State Lands. (g) Subject to the approval of the Governor, the Commissioner may direct the Board to engage the services of a consultant to perform any of its functions under this Law which is capable of being executed through a consultant. (h) The provision of technical assistance to its Zonal Planning Offices. (i) Appointment of junior staff of the Board. (j) Prepare and submit its Annual Report to the Ministry for review. (k) Any other function that may be assigned to it in respect of this Law or Regulation by the Governor. (2) For the purpose of performing its functions under this Law, the Board may refer any matter to the Ministry for its consideration and necessary technical advice.

7. Salaries and Allowances. (1) The members of the Board, excluding the ex-officio Members, shall be paid such salaries and allowances as applicable to other Boards in the State. (2) Notwithstanding subsection (1) of this Section, the ex-officio members of the Board shall be paid such allowances as applicable to other Boards in the State.

8. Termination/ Resignation of Membership of the Board. (1) The Chairman or a Member of the Board shall cease to hold office by reason of the following: (i) death; (ii) resignation of his/her appointment by notice addressed to the Governor; and if (iii) convicted of a criminal offence involving dishonesty, corruption; moral ineptitude and mismanagement by a competent Court of law; (iv) administratively indicted for misconduct, puts the Board into disrepute in the performance of his/her official responsibilities or his/her personal interest becomes adversely detrimental to the overall interests of the Board; (v) incapacitated by physical or mental illness; (vi) adjudged bankrupt by a court of competent jurisdiction; (vii) disqualified or debarred from practicing his/'her occupational profession by the Regulatory Body, or any competent Court of Law; (viii) the tenure has expired pursuant to this law; (ix) removed by the Governor on the recommendation of the Board; (x) absent from three consecutive meetings of the Board without permission. (2) Where a vacancy is created due to the occurrence of any of the events in subsection (1)(i-x) of this Section, the vacancy relating to members of the Board specified in Section 4 (1)(a) and (b) of this Law, shall be filled by an appointment made by the Governor while that of members specified in Section 4 (1) (c)-(g) shall be filled through recommendation by the relevant professional bodies and Ministries. (3) Except for the Ex-officio members of the Board, whenever an Office becomes vacant under this Law and the vacancy is filled, the person appointed to fill such vacancy shall be entitled to serve only the unexpired term of his/her predecessor in office.

9. Meetings and Quorum. (1) Subject to the provision of any Standing Order: (i) the Board shall meet at least once every quarter of each year provided that the Chairman may at any time summon an emergency meeting when necessary; or (ii) whenever the Chairman is requested to summon an emergency meeting through a notice given by two-third majority of members of the Board, he/she shall summon the meeting within 14 days from the date the notice is received. (2) The quorum for any meeting of the Board shall be by one third of members which shall include the Chairman of the Board. (3) At any meeting of the Board, the Chairman shall preside and in his/her absence, the members present at the meeting shall appoint one of its members to preside at such meeting. (4) Where the Board desires to obtain the advice of any person on a particular matter, the Board may invite him/her to its meeting(s) where such matter is to be discussed, but such a person shall not be entitled to vote and his/her presence at the meeting shall not count towards the quorum.

10. Validity of Proceedings. The validity of any proceedings of the Board shall not be affected by any vacancy in its membership or any defect in the appointment of a member or by reason that a person not entitled to be present, took part at any of such proceedings.

11. Staffing of the Board. (1) Subject to the approval of the Governor through the Commissioner, the Board shall have power to: (a) Appoint Junior Staff on Salary Grade Level 07 and below whose conditions of service shall be as applicable in the State's Civil Service; and (b) Notwithstanding the provision of paragraph (a) of this subsection, staff of the Board may be sourced from the mainstream of the State Civil Service through transfer or secondment. (2) Any Town Planning staff who immediately before the commencement of this Law held office in the Board or Town Planning Department of the Ministry of Lands and Surveys, shall become a staff of the Ministry of Urban Renewal. (3) The conditions of service of staff of the Board shall be as applicable in the State Civil Service.

12. Responsibilities of the General Manager. The General Manager shall be responsible to the Board and shall carry out the daily administration of the affairs of the Board and in addition, shall carry out the following duties: (a) Making arrangement for the meeting of the Board; (b) Preparing the Agenda and Minutes of such meeting; (c) Conveying the decision(s) of the Board to its Members after meetings; (d) Execution of the decisions of the Board; (e) Keeping proper records of the proceedings of the Board; (f) Obtaining legal and professional advice on all matters connected to the Board; (g) Supervision of Zonal Planning Offices under the Board; (h) Granting of Development Permits through the Zonal Planning Officers for developments within State Lands; (i) Co-ordinate the plans, programmes and projects of the component Departments and Zonal Planning Offices; and (j) Performing such other functions as the Board may from time to time direct.

13. Establishment of Area Planning Offices. (1) There is hereby established in each of the Local Government Areas of the State a body to be known as the Area Planning Office which is a Field Office of the Department of Town Planning of the Ministry. (2) The Area Planning Office shall have an Area Planning Officer who shall be a Registered Town Planner and other officers posted by the Ministry. (3) The Area Planning Office shall be responsible for physical developments in all Private Lands in the State.

14. Functions of Area Planning Offices. The Area Planning Office shall perform the following functions: (i) Keeping proper records of the activities of the Area Planning Office. (ii) Co-ordinate the plans, programmes and projects of the Area Planning Office. (iii) The preparation and submission of Periodic Returns and Report on its operations as regards Planning Permit applications, approvals and reviews to the Ministry through the Director of Town Planning. (iv) Collect and collate data on Physical Development Plans. (v) Stoppage, Removal and Demolition of illegal or unauthorized developments in its area of jurisdiction. (vi) Arrest with the aid of Police illegal and recalcitrant developers and their agents and prosecute them through the State Ministry of Justice. (vii) Granting of Development Permits on private lands within its area of jurisdiction. (viii) Enlightenment of landowners/developers within its area of jurisdiction on extant planning laws and policies for guidance and compliance upon authorization by the Ministry. (ix) Act as custodian of all Physical Development Plans in its area of jurisdiction. (x) Advise the Local Government Chairman on matters concerning Customary Right of Occupancy in respect of applications in the Local Government Area. (xi) Perform such other functions as may be assigned to it from time to time.

15. Functions of The Town Planning Department. Notwithstanding the provisions of Sections 3 and 13 of this Law, the Town Planning Department of the Ministry shall perform the following functions: (a) Make proposals to the Commissioner for the establishment and implementation of Urban and Regional Planning Policy for the State; (b) Supervise the activities of Area Planning Offices and prepare statutory Planning Reports on Private Lands before issuance of Certificates of Occupancy; (c) Co-ordinate all Physical Planning activities in the State; (d) Serve as the Seat of the Technical Committee on the preparation of all Physical Development Plans; (e) Be the custodian of all Physical Development Plans; (f) Arrest through the Police recalcitrant developers or their agents and prosecute them through the State Ministry of Justice; (g) Register and approve all communities/private layout Plans; (h) Grant Physical Planning Permit to all large-scale development in the State as a first step to securing any other Permit; (i) Grant Development Permits/Approvals for large-scale development for private Lands; (j) Effect the demolition/removal of illegal/unauthorized developments in its area of jurisdiction within the State; (k) Carry out research on Urban and Regional Planning for the State; (l) Participate in the initiation and preparation of Regional, Sub-regional, Master Plan and State Operative Development Plan; (m) Prepare Town, Rural, Local, Subject and Structure Plans; (n) Site Selection for all Government Agencies; (o) Development arbitration; (p) Disaster preparedness planning; and (q) Regulation of Change of Use on private land.

16. Transfer of Functions of Town Planning Department of Ministry of Lands & Surveys. From the commencement of this Law, all the functions of the Department prescribed in section 15 of this Law being hitherto carried out by the Department of Town Planning of the Ministry of Lands and Surveys shall be transferred to and performed by Officers of the Town Planning Department in the Ministry of Urban Renewal.

17. Functions of the Urban Development Department. Notwithstanding the provisions of Sections 3, 13 and 15 of this Law, the Urban Development Department of the Ministry shall continue to perform the following functions: (a) Formulation/review of policies for Urban Development; (b) Carry out research on Urban Development for Urban Planning; (c) Provide professional advice/consultancy advice on Urban Development matters; (d) Monitoring and identifying areas qualified for Upgrading and advising the Commissioner, on Renewal Programmes accordingly; (e) Provide Scheme Designs (Sites and Services); (f) Prepare and implement approved State Urban Upgrade and Urban Development projects; (g) Implement Sites and Services; (h) Urban Renewal, Redevelopment Schemes, City Rejuvenation, New Towns, Slum Clearance and Urban Space Use Management; (i) Organize Urban Forum; (j) Opening of Roads in the State; (k) Reclamation/development of State Land; (l) State Land Conservation, Design and Development of Parks and Gardens in Urban centres; (m) Construction of Drainages in Scheme Areas; (n) Cross-Check Survey Layout drafts to ensure conformity with original layout designs and monitor implementation; (o) Endorse all private layout Plans before approval; (p) Participate in site selection; (q) Participate in Technical Committee for the preparation of Physical Development Plans; (r) Participate in the initiation and preparation of Regional, Sub-regional, Master Plans and State Operative Development Plan; and (s) Participation in the design and development of Urban Infrastructure.

18. Transfer of Staff and Functions of Department of Urban Development of Ministry of Lands & Survey. From the commencement of this Law, the staff of the Department of Urban Development of the Ministry of Lands and Survey, and all the functions prescribed in section 17 of this Law shall be transferred to and performed by Officers and staff of the Department of Urban Development in the Ministry of Urban Renewal.

19. Procedures for the preparation of physical development plan. For the purpose of securing co-operation and co-ordination, the Ministry shall in conjunction with the Board during the preparation of the Regional, Sub-regional and Master Plan, call for submissions from relevant Government Agencies, Non-Governmental Organisations, private interested persons, groups and institutions whose contributions shall serve as input towards the preparation of the Physical Development Plan.

20. Establishment/ Composition of Technical Committee. (1) There shall be a Technical Committee for analysing and collating submissions received under Section 19 of this Law. (2) The Technical Committee to be headed by the most senior Town Planner and shall comprise: (a) The Director of Town Planning of the Ministry; (b) The Director of Urban Development of the Ministry; and (c) General Manager of the Board. (3) Subject to the general directive of the Commissioner, the Technical Committee shall be responsible for evaluating the proposals submitted pursuant to Section 19, preparing, and exhibiting the Draft State Physical Development Plans for the purpose of this Law.

21. Notice of exhibition of the Draft State Physical Development Plan. (1) Notice of Exhibition of the Draft State Physical Development Plan shall be made in Local and National Newspapers. (2) During the period of exhibition of the Draft State Physical Development Plan, any member of the public, Government, non-governmental organisations, and professional bodies may, within 21 days of the exhibition, submit to the Technical Committee, through the Ministry, a notice in writing stating their objection(s) to anything appearing in the said Plan and these shall: (a) define the nature and reason for the objection(s); and (b) suggest alterations and amendments to be made to cure the objection(s). (3) The Technical Committee shall acknowledge the receipt of all such objection(s) and consider the suggestions made therein for improvement in its review of the Draft State Physical Development Plan, to the Ministry.

22. Review of objection(s) to Draft State Physical Development Plans. (1) The Technical Committee shall prepare a schedule of summaries of the objection(s) and comments submitted to it. (2) Any written objection(s) shall be considered at a meeting of the Technical Committee, where the person raising such objection(s) or his/her authorized epresentative(s) may attend and shall be heard. (3) The Technical Committee shall evaluate and review the objection(s) or comment(s) and submit its report to the Commissioner for his/her consideration.

23. Revised State Physical Development Plan. Pursuant to Section 22 of this Law, the Technical Committee shall review the Draft Stale Physical Development Plan and thereafter, produce/submit a Revised State Physical Development Plan to the Ministry.

24. Submission of Final Draft Plan. (1) After the Technical Committee's submission of the Revised State Physical Development Plan, the Ministry shall produce/submit a Final Draft Plan to the State Executive Council. (2) Upon the receipt of the Final Draft Plan, the State Executive Council may: (a) approve it wholly; (b) approve part of it; or refer the Final Draft Plan to the Ministry for amendment of the whole or part thereof. (3) A plan approved under sub-section (1) of this Section shall be referred to as the Operative State Physical Development Plan and a notice to this effect shall be published in the Official State Gazette, the State Newspaper and one widely read National Daily Newspaper.

25. Copies and custodians of Operative State Physical Development Plan. (1) Copies of the Operative State Physical Development Plan certified by the Ministry shall be deposited in the Offices of the members of the Technical Committee and the Surveyor-General of the State for records and official use. (2) The Operative State Physical Development Plan shall be available for inspection during normal working hours and the places of exhibition shall be notified in the Official State Gazette, the State Newspaper and in one widely read National Daily Newspaper. (3) Copies of the Operative State Physical Development Plan shall be made available for sale to members of the public at a price to be determined by the Ministry.

26. Adherence to the Provisions of Operative Physical Development Plan. The Ministry as well as other public and private organizations and individuals shall adhere to the provisions and requirements of the Operative State Physical Development Plan, Master Plans, Local Plans, and Subject Plans.

27. Review of Operative State Physical Development Plan. (1) The Operative State Physical Development Plan shall be reviewed every five (5) years or as the Governor may direct to reflect the physical and socioeconomic changes in the State. (2) Notwithstanding the provisions of this Law or any other Law, the Governor shall have powers to designate any town or place as an Urban Area for the purpose of undertaking any physical development in the public interest and/or bring such place or territory under the direct control of the Ministry or Board provided any such designation is published in the Official State Gazette and a Local Newspaper. (3) The Commissioner with the approval of the Governor shall: (a) adopt programmes for the preparation and review of the State Physical Development Plan, Master Plan on a comprehensive basis. The review of such Operative Plans shall be undertaken every five (5) years or as the Governor may direct; provided that any portion of the said plan may be reviewed or amended from time to time; (b) where appropriate, he/she may direct that some sections of the Operative State Physical Development Plan be reviewed, revised, redrafted, and processed for approval by the State Executive Council.

28. Procedure for making Plans. The procedure for making the State Physical Development Plan shall be adopted with necessary modifications in the making of Town Plan, a Rural Plan, a Local Plan, and a Subject Plan.

29. Approval of Plans. Rural Plans, and Local Plans shall be approved by the Ministry while the Board shall approve Town Plans and Subject Plans in respect of State Lands. Town Plans, Rural Roads, Local Plans and Subject Plans Shall be approved by the Ministry while the Board shall approve Subject Plans in respect of State Lands.

30. Power to deviate from Master Plan. (1) The Ministry shall have powers to consider and recommend to the Governor, applications for Planning-Permit to deviate from the provisions of the Operative Master Plan, which are recommended by and referred to it by the implementing authorities established under this law. (2) The approval of the Governor shall be published in the Official State Gazette and the State Newspaper.

31. Power of Revocation of Physical Development Plan. (1) The Governor may: (a) revoke in whole or in part any Operative State Physical Development Plan on the advice of the Ministry; (b) refer any Operative State Physical Development Plan or part thereof to the Ministry for: (i) replacement by a new Physical Development Plan or part thereof or (ii) amendment. (2) Notification of any revocation referred to under sub-section (1) (a) of this Section shall be published in the Official State Gazette and noted by the Ministry on all the copies of the plan deposited for inspection as required under this Law. (3) Upon any reference under paragraph (b) of subsection (1) of this Section, a replacement of the Operative Physical Development Plan or part thereof referred to under sub-section (1) of this Section or any amendment thereon as the case may be, shall be prepared, exhibited, considered, submitted, approved and deposited in accordance with the foregoing provisions of this Law in like manner as the Operative Physical Plan it replaces or amends. (4) A Physical Development Plan referred to the Ministry under sub-section (1) (b) of this Section shall be replaced by the new approved and Operative Physical Development Plan or read as one with any approved amendment. (5) The Ministry shall endorse accordingly the copies of the Operative Development Plan deposited under Section 25 of this Law, which have been replaced or amended.

32. Application for Development Permit Requirement. (1) Any application for Development Permit made under this Law shall comply with all the requirements, regulations, and standards of the Operative Comprehensive Physical Development Plans except as approved by the Governor in accordance with the provisions of section 30(1) of this Law. (2) Any application for Development Permit to erect or partition a structure shall be in conformity with the Development Plan Regulations. (3) Under this law, development or space use permit may be granted to any applicant in respect of the following: (a) use and development of the land; (b) any material change in the use of land, seabed, structure, or part of the structure; (c) interim use of land or space or seabed that is zoned or scheduled for an approved development but required for that use within two (2) years; provided such development or structures that may be erected shall be of temporary building materials; (d) modification of an approved Development Plan; and (e) any Land use Sub-division or Layout Plan that is prepared or designed by a Registered Town Planner.

33. Establishment/ Responsibilities/ Jurisdictions of Development Control Authorities. (1) There shall be established under this Law Development Control Authorities as follows: (i) an Urban Scape Control Unit in the Department of Urban Development in the Ministry which shall comprise Registered Town Planner, Structural Engineer, Builder, Electrical Engineer, Mechanical Engineer, Architect, Quantity Surveyors, Estate Surveyor and Valuers. (ii) a Development Control Section in the Area Planning Office, and (iii) a Development Control Department in the Board. (2) The various Units and Departments of the Development Control Authorities established in subsection (1)(i)-(iii) of this Section shall be headed by a registered Town Planner. (3) The Control Unit/Section/Department shall be responsible for the: (a) control of all physical development and implementation of all Physical Development Plans in their respective jurisdiction; (b) approval of all Development Permits to any applicant who complies with the provisions of this Law and the Regulations made pursuant to it; (c) enforcement of Development Control Regulations; (d) removal of illegal and non-conforming developments; (e) identification and removal of distressed buildings to prevent collapse; (f) provision of Soil Test Result for developments of structures above four (4) floors; and (g) shall issue Certificates of Completion (C of C) and Fitness for Use; and (h) the Urban Scape Control Unit shall regulate and coordinate development works and issue certifications at various stages of development implementation and keeping of records; (4) The Control Department of the Board shall have powers to control all physical developments on State Lands and Government Estates. (5) The Control Section of the Area Planning Offices shall have powers to control all physical developments in its area of jurisdiction other than State Lands. (6) The Control Department of the Board shall recommend to the General Manager, the grant of Development Permit to any applicant who complies with the provisions of this Law and/or its Regulations. (7) The Control Section of the Area Planning Offices shall recommend to the Area Planning Officer, the grant of Development Permit to any applicant who complies with the provisions of this Law and/or its Regulations. (8) Where the Development Permit has been duly given under this Law by the Appropriate Authority in respect of any Development Plan submitted for approval, the plan shall hereinafter be referred to as "Approved Development Plan". (9) The Urban Scape Control Unit shall have powers to liaise with Ministries, Departments and Agencies charged with the responsibility for Lands, Surveys, Infrastructure/Facilities, Geographic Information Systems on all matters relating to Land data and Land Use Management, data capture, storage, update and/or retrievals in the State to provide necessary information and data to update its records. (10) The Urban Scape Control Unit shall be in charge of Land Use Management and administration of usage of developed Lands in the State. (11) The Urban Scape Control Unit shall verily all proposed developments to conserve public recreational lands, open spaces or other service plots within a layout, Government acquisitions, or Reserved Areas.

34. Development Approval. (1) The Board/Area Planning Office shall have powers to approve and/or permit Physical Development on all Lands, Government Estates, Seasonal Swamps (or all Lands saturated/seasonally covered by water) and all Exclusive Economic Zones of the State. (2) The Board/Area Planning Office shall have powers to administer and control Physical Development and Land Use, permitting all developments by Government and/or its Agencies, developments pertaining to Oil and/or Gas Facilities, and/or infrastructure of any kind on all Lands, Government estates, swamps and/or Exclusive Economic Zones in the State. (3) No development shall be commenced by any Government or its agencies, or persons without obtaining an approval from the Board/Area Planning Office. (4) The Board/Area Planning Office may recommend the approval or rejection of an application for Development Permit to the Commissioner. (5) Subject to the approval of the Ministry, the Board/Area Planning Office shall have powers to assess and charge Preliminary Permit Fees and Applicable Permit Fees as specified in the Regulations made pursuant to this Law.

35. Time limit/Ground for Rejection or Delay for approval. (1) The Board/Area Planning Office shall communicate its approval or rejection of the Development Permit within 30 days from the date of receipt of the application by the Appropriate Authority. (2) The Board/Area Planning Office may delay the approval of an application for Development Permit if circumstances require that: (a) The developer at his/her own expense shall: (i) provide public infrastructure and facility; (ii) provide necessary commercial facility; (iii) provide necessary social, recreational, communal facility; or (iv) pay a sum of money in lieu, to the Ministry for providing (i) and (ii) of this paragraph. (b) The developer enters into an agreement with individual(s), or corporate body in respect of any matter the Control Unit/Section/Department deems necessary for the development. (c) The developer pays such fee or other charges imposed by the Board/Area Planning Office based on the estimated cost of the project as provided in the bill of quantities. (d) The developer shall comply with any other conditions and regulations made under this Law. (3) In reaching its decision under subsections (1) and (2) of this Section, the Board/ Area Planning Office shall comply with: (a) the policy and proposal of an approved plan applicable to a locality within its jurisdiction; (b) a proposed physical development plan or an approved Physical Development Plan under review; and (c) any other consideration made pursuant to this Law. (4) Subject to such directives as may be given by the Commissioner, an approval for an application for Development Permit shall be issued within fourteen (14) days from the receipt of such application; provided that any delay in issuance of the Development Permit shall not exceed Thirty (30) Days from the date of receipt of the application by the Appropriate Authority. (5) The decision of the Board/Area Planning Office on an application for Development Permit shall be communicated to the applicant in writing. (6) Where the Board/Area Planning Office decides not to approve an application, it shall give reasons for its decision. (7) The decision of the Board /Area Planning Office shall be conclusive evidence of information stated therein.

36. Content of a Development Permit Application. A developer shall apply for a Development Permit in such forms as may be approved by the Board/Area Planning Office and providing information such as Site Plan, Location Plan, Site Analysis Report, Environmental Impact Analysis Report, a Survey Plan by a certified Land Surveyor, Architectural Designs by a certified Architect, and where applicable, Structural Details by certified Engineers and any other information as may be prescribed by Regulations made pursuant to this Law.

37. Making of Orders and Regulations on Physical Planning. Notwithstanding any provision of this Law, the State Government through the Commissioner, shall from time to time, as it may deem necessary, make orders, regulations on the physical planning of the State and any part(s) thereof in compliance with this Law.

38. Conditions for granting Development Permit/ Approval. (1) The Board/Area Planning Office shall have powers to grant Development Permit/Approval to any applicant if; (a) the Land on which the building shall be erected, has its Building Plan/Elevations prepared by a certified Architect; and (b) civil or structural engineering designs are prepared by a certified civil or structural engineer and submitted to the Control Department/Section. (2) Site implementation for development proposals made pursuant to the provision of subsection (1) of this Section shall be managed by the relevant professionals assigned by Urban Scape Control Unit.

39. Conditions for Rejection of Application for Development Permit/Special Interim Permit. (1) An application for Development Permit may be rejected if: (a) development for which the permit is being sought is not in accordance with an approved Development Plan; (b) the Physical Development Plan for the area is being prepared; (c) in the opinion of the Board/Area Planning Office, the proposed development is likely to cause nuisance or have major impact which cannot be adequately mitigated on the environment, facilities, or inhabitants of the community or in the public interest; (d) the development falls within Right-of-Way of roads, high tension power line, Oil and Gas pipelines, drainage channel/canal or water body; (e) the proposed development falls within Public Recreation Area, Open Space or other service plot within a layout, Government acquisition or revocation areas; and/or (f) the development is not in accordance with other conditions as may be specified under any Regulation made pursuant to this Law. (2) Notwithstanding the provision of this Section, the Board/Area Planning Office may with the approval of the Ministry grant a Special Interim Permit with such conditions, as it may deem necessary for proposed development within an area under their jurisdiction for which a Master Plan is being prepared. (3) The Board/Area Planning Office may consider representation made to it by person(s), body or organization to be affected by an intended development.

40. EIA Report for Stipulated Development Types. (1) A developer shall at the time of submitting his/her application for development, submit detailed Environmental Impact Analysis Report in respect of application for: (a) a residential land in excess of 2 hectares and development in excess of 4 floors or 8 family units; (b) factory building and expansion of factory building; (c) petrol/Gas filling stations; (d) office or other commercial building with lettable space exceeding 500 square metres; (e) places of worship; (f) major recreational development covering more than 2,000 square metres; (g) institutional buildings; and (h) livestock, ranching and general animal husbandry. (2) A developer or owner of a construction involving a structure of more than four (4) floors shall at the time of submitting his/her application to commence development work(s) to the Urban Scape Control Unit/Board/Area Planning Office, submit a General Contractors All Risk Insurance Policy Certificate. (3) An owner or Occupier of a building referred to in subsection (2) of this Section shall within seventy (70) days of service of Demand Notice, produce the Certificate of Insurance to the Board/Area Planning Office for verification and shall produce same on an annual basis. (4) An owner of an existing building or structure referred to in subsection (2) of this Section, which was in use before the commencement of this Law shall, within three (3) months of its commencement submit the Certificate of Insurance to the Board/Area Planning Office for verification.

41. Validity of Development Permit. (1) A Development Permit granted in respect of any development on any land shall be deemed valid for two (2) years from the date of issuance of the approval of a Development Permit to a developer. (2) Where the holder for the time being of a Development Permit fails to commence development within two years of such permit, the Development Permit shall be subject to revalidation by the Board/Area Planning Office.

42. Development Permit and C of O. The conditions attached to the grant of a Development Permit by the Board/Area Planning Office shall not conflict with conditions attached to a grant of a development in a Certificate of Occupancy.

43. Planning Permit and Preservation of Trees or Greeneries/ Greenery Order. (1) The Board/Area Planning Office shall grant planning permit subject to the preservation of existing trees or greenery or planting of new trees or greenery on the site of development by the imposition of necessary conditions as authorized by the Ministry. (2) Without prejudice to the provisions of any Law, the Ministry shall make "Tree Preservation and Greenery Orders" for securing such amenities in the entire State. (3) If it appears to the Department of Urban Development that the amenities or part of an area or an adjoining area, is seriously injured by the condition of a garden, vacant site or open land, the Urban Scape Control Unit shall serve on the occupier or owner of such land a notice requiring such steps to be taken for abating an injury within such period of time as may be specified in the Notice. (4) The notice referred to in subsection (3) of this Section shall contain a period of thirty (30) days within which such injury shall be abated, failure of which the garden, vacant site or open land may be acquired by the State Government subject to the provisions of the Land Use Act.

44. Powers and Conditions to Revoke Development Permit. (1) Any Development Permit granted by the Board/Area Planning Office under this Law may be revoked on any of the following grounds: (a) the use for which the permit was given is no longer appropriate for the area provided that a twenty-one (21) days' notice is served before the commencement of development; (b) the site to which the permit applies is required for overriding public interest; (c) the permit was obtained fraudulently; (d) the permitted development or use has been modified, altered, varied, added to or renovated without permit; (e) the developer or owner of the permit has not complied with the terms and conditions under which the permit was granted; (f) the permitted development has not complied with development control standards; (g) that the structure for which the permit was granted collapsed, gutted by fire or damaged by other natural disasters; (h) the Right of Occupancy of the land on which development was to take place has been revoked on the ground that the holder for the time being of the Development Permit or his agents did not comply with the requirement of the Land Use Act. (2) The developer or holders for the time being of a Development Permit shall be served a notice of the intention to revoke the permit. (3) The conditions attached to the grant of a Development Permit may be altered, amended, varied, or revoked by the Board/'Area Planning Office which shall serve a notice of its intention to the holder, for the time being of a Development Permit. (4) The notice shall state the reasons for the proposed action of the Board/Area Planning Office. (5) The Board/Area Planning Office shall consider any representation made to it by the holder, for the time being, of the Development Permit or his/her agent.

45. Dissatisfied Holder of Permit and Representation. (1) A dissatisfied holder of a permit or his/her agents may appeal against the decision of the Control Unit/Section/Department in the first instance, to the Commissioner, who shall convey his/her decision within twenty-one (21) days of the appeal. (2) Appeal against the decision of the Commissioner shall be to the Urban and Regional Planning Tribunal (the "Tribunal") set up under this Law. (3) Any applicant dissatisfied with the decision of the Commissioner shall within eight (8) days of the receipt of such decision appeal to the Tribunal in writing, stating details of his/her grievance(s) for the consideration of the Tribunal. (4) An appeal against the decision of the Tribunal shall be to the High Court of the State and the appeal shall be made within twenty-one (21) days of such decision. (5) Without prejudice to sub-sections (1)-(3) of this section, where there is no Tribunal in place, a dissatisfied holder of a Development Permit or his agent may appeal directly to the High Court.

46. Grounds for Compensation for Revoked Development Permit. (1) The State Government shall pay compensation for the revocation mentioned in Section 44 (1) (a) and (b) of this Law, to the extent of all ascertainable costs that may have been incurred by the owner or developer if the development has commenced. (2) Compensation payable under subsection (1) of this Section shall be paid within a period not exceeding four (4) years after a claim for compensation has been established.

47. Grounds for Refusal to pay Compensation for Revoked Development Permit. Compensation shall not be paid for the revocation mentioned in Section 44 (1) (c) - (h) of this Law.

48. Enforcement Notices/Grounds for Serving Enforcement Notices. (1) Whenever development commences without obtaining a Development Permit and/or where the development is not in conformity with the permit granted or the development is dilapidated/unsightly, the Board/Area Planning Office through its Control Department/Section shall serve the developer or owner of the land, a seven (7) days Enforcement Notice, which shall include any or all of the following: (a) Stop Work Notice (Stop Work Order); (b) Notice of Contravention; (c) Notice of Demolition; (d) Notice to Quit; and/or (e) Notice to Seal Up. (2) Any Enforcement Notice served pursuant to subsection (1) of this Section may direct the developer or owner to alter, vary, vacate, remove, or discontinue the development in question. (3) The Board/Area Planning Office may impose such additional conditions as it may deem necessary in each circumstance. (4) Before issuing and/or serving an Enforcement Notice, the Control Department/Section shall: (a) have regard to the existing conditions for granting a Development Permit; (b) have regard to the likely environmental degradation or impact of a development under consideration to its surrounding development; (c) consider the over-riding public interest without prejudice to paragraph (b) of this subsection.

49. Modes of Serving Enforcement Notices. (1) An Enforcement Notice served under this Law shall: (a) be in writing and served personally on the developer, owner, user or agent to the developer/owner/user of the building; (b) be served by pasting such Enforcement Notice on the development in lieu of subsection (1) (a) of this Section; and (c) state the reason(s) for the proposed action of the Control Department/Section. (2) The Board/Area Planning Office shall consider any representation made by the developer or owner or his/her agent and inform him/her of its final decision on the development.

50. Enforcement of Orders and Liability for enforcement. (1) The Board/Area Planning Office or its authorized agent shall enforce an order of the Commissioner, Tribunal or High Court against a developer or holder for the time being of a Development Permit who fails to comply with such an order. (2) A developer or holder for the time being of a Development Permit shall be liable for all expenses reasonably incurred by the Board/Area Planning Office or any of its officers or agents as the case may be in enforcing the provisions of this Law.

51. Issuance of Stop Work Order. Where it appears to the Control Department/Section that; (a) an unauthorized development is being carried out; or (b) a Development Permit being used is irregular; the Board/Area Planning Office shall issue Stop Work Order pending any other Enforcement Notice on the owner, developer, occupier or holder of Development Permit, as specified in Section 50(2) of this Law.

52. Effect of/ compliance with Stop-Work Order. (1) A Stop Work-Order shall take immediate effect upon service on a developer, owner or occupier or agent of the owner of the development for the time being. (2) A Stop-Work-Order shall comply with the provisions of Section 49 and also inform the developer/occupier/agent of: (a) the development which is required to be stopped, and (b) the work to be done on the site to conform to the Development Permit issued thereto.

53. Time for compliance with notice in stop-work-order. Where a Stop-Work-Order is given by the Board/Area Planning Office, through its Control Department/Section, the developer/owner/occupier or their agent(s) shall comply with the directive(s) contained therein within seven (7) days of receipt of such Stop-Work-Order.

54. Power to compel compliance. Where a developer or owner contravenes the provisions of this Law or any Regulation made pursuant to it, the Board/Area Planning Office shall have the power to require the developer to: (a) Prepare and submit his Development Plan for approval; (b) Carry out such alterations to a building as may be necessary to ensure compliance; (c) Pull down the building; and/or (d) Reinstate a piece of land or building to its original state prior to the commencement of development.

55. Power of the Control Department/Section to serve Demolition Notice. (1) If the Control Department/Section of the Board/Area Planning Office considers that a structure erected or under construction is unauthorized, structurally defective, poses danger or constitutes a nuisance to the occupier and/or the public, the Board/Area Planning Office, shall serve a Demolition Notice on the developer or owner. (2) Notwithstanding anything contained in this Law, the Board/Area Planning Office shall serve fourteen (14) days' Demolition Notice on the developer/owner/occupier or their agents of its intention to carry out demolition pursuant to subsection (1) of this Section.

56. Reimbursement. A developer or owner shall reimburse the Board/Area Planning Office for all expenses incurred in the exercise of its powers under section 55 of this Law.

57. Penalties for Contravening the Provisions of Part V of this Law. (1) Any person(s) who fails to comply with the terms of Enforcement Notice or disregards a Stop-Work-Order issued and served under this Law shall be guilty of an offence and shall be liable on conviction to a term not exceeding 6 months or to a fine not less than N1,000,000.00 (One Million Naira) or both in case of an individual. In case of a corporate body, every Director in charge of or involved in contravening the Enforcement Notice or Stop-Work-Order, shall be liable upon conviction to a term not exceeding 6 months or to a fine not less than N1,500,000.00 (One Million, Five Hundred Thousand Naira) or both. (2) Any person(s) who erects a structure without a Development Permit commits an offence and shall be liable on conviction to a fine not less than N1,000,000.00 (One Million Naira) or to imprisonment for a term not exceeding 6 months or both, in case of an individual. In case of a corporate entity, to a fine not less than N1,500,000.00 (One Million, Five Hundred Thousand Naira) or every Director involved in the offence, shall be liable on conviction to imprisonment to a term not exceeding 6 months or both. (3) Any person(s) who carries/carry out any development/use within right of way of roads, high tension power line, oil and gas pipeline, drainage channel/canal or water body without permit shall be liable on conviction to a fine not less N1,000.000.00 (One Million Naira) or to imprisonment for a term not exceeding twelve months or both in case of an individual. In case of a corporate entity, to a fine not less than N2,000,000.00 (Two Million Naira) or every Director involved in the offence shall be liable on conviction to a term not exceeding twelve months or both. (4) Any officer in the Ministry who grants Development Permit in contravention of this Law commits an offence and shall be disciplined in accordance with the Public Service Rules in operation at the time i.e. suspension, dismissal. (5) Subject to subsection (l)-(3) of this Section, any person(s) who contravenes any provision of this Law commits an offence and liable on conviction to a fine of N50,000.00 (Fifty Thousand Naira) or to imprisonment for a term not exceeding 6 months or both in case of an individual. In a case of a corporate entity, to a fine not exceeding N100,000.00 (One Hundred Thousand Naira) or every Director involved in the offence shall be liable on conviction to a term not exceeding 6 months or both.

58. Jurisdiction of High Court Over Offences. The High Court shall have jurisdiction and powers in respect of trial of offences contained in this Law or Regulations made pursuant to it.

59. Compilation of buildings of special architectural or historical interest. In the exercise of its functions, the Department of Urban Development shall compile a list of buildings of special architectural or historical interest.

60. Designation of any other Building as Historic or Special Architectural Interest. In pursuance of Section 59 of this Law, the Department of Urban Development may include any other building if: (a) The building is of historic or special architectural interest; (b) Its exterior contributes to the architectural or historic interest of a building or a group of buildings of which it forms a part; (c) A desirable man-made object or structure is fixed to the building or part of the land comprised with the cartilage of the building.

61. Custody of List of Compiled Buildings. The list of such buildings of architectural or historic interest shall be deposited with each of the Area Planning Offices and the Ministry.

62. Publication of List of Compiled Buildings. The Ministry shall cause to be published in the Official State Gazette a list of buildings of special architectural and historic interest within the State for the purpose of preservation.

63. Demolition or alteration of Listed Buildings. A listed building may be demolished, altered or extended if the Ministry gives a written Consent for the execution of works on the listed building.

64. Penalty for contravening written consent on listed buildings. Any person(s) who: (a) Executes or causes to be executed, any work aimed at the demolition, alteration, extension in any manner which changes the character of a listed building, shall be guilty of an offence and liable upon conviction to a fine of N100,000.00 (One Hundred Thousand Naira) or 12 (twelve) months imprisonment in the case of an individual and a fine of N500,000.00 (Five Hundred Thousand Naira) in the case of a corporate body with an additional fine of N10,000.00 (Ten thousand Naira)for every day the offence persists. (b) Fails to comply with any condition attached to a written consent of the Ministry, shall be guilty of an offence and liable upon conviction to a fine of N100,000.00 (One Hundred Thousand Naira) or 12 (twelve) months imprisonment in the case of an individual and a fine of N500,000.00 (Five Hundred Thousand Naira) in the case of a corporate body with an additional fine of N10,000.00 (Ten thousand Naira) for every day the offence persists.

65. Powers to obtain Land and revoke Rights of Occupancy for planned Development. (1) Where it appears to the Department of Urban Development that it is necessary to obtain any land in connection with planned Urban or Rural Development in accordance with the policies and proposals of any approved Physical Development Plan, any Certificate of Occupancy subsisting on that land shall be revoked by the Governor. (2) Any Certificate of Occupancy held in pursuance of subsection (1) of this Section shall be revoked in accordance with the relevant provisions of the Land Use Act.

66. Compensation for Land developed in contravention of this Law. (1) All matters connected with the payment of compensation for the revocation of Certificate of Occupancy under this Law shall be governed by the provisions of the Land Use Act. (2) Where any person(s) contravenes any provision(s) of this Law in respect of his/her development on a Land, the Land together with any building thereon may be seized for the contravention of this Law and the person(s) shall not be paid any compensation.

67. Power to Declare Development Area. (1) A Development Plan to which Sections 21 and 22 of this Law apply, may be designed and the Ministry may, after the plan has been approved and such approval published in the Official State Gazette, declare any part of the area for which such plan has been published, as a Development Area for the purpose of rehabilitation, renovation and upgrading the physical environment, social facilities, and infrastructure of the area. (2) The rehabilitation, renovation and upgrading in subsection (1) of this Section, may be brought about through the combined efforts of the residents of the area, the Ministry, and any other body, whether individual or corporate. (3) Before declaring an area to be a Development Area pursuant to subsections (1) and (2) of this Section, the Ministry shall satisfy itself that the purpose set out in the subsections are achievable.

68. Procedure/ Responsibilities of the Ministry after declaration of a Development Area. (1) The Ministry shall, before declaring any part of an area to be a Development Area, inform the residents of the area of: (a) The purpose(s) and content(s) of the proposed improvement; (b) The powers vested on the Ministry; and/or (c) The facilities which would be made available and the benefits to be derived in declaring the area as a Development Area. (2) The Ministry, after declaring an area a Development Area shall: (a) assist or join other persons, authorities, resident(s) within the area to draw up and implement plans for the improvement of the neighbourhood; and (b) generally advise and assist the residents of the area to take full advantage of any improvement.

69. Powers to prepare/Assist affected Residents of improvement Area Plan and Owner liable for expenses incurred. The powers of the Ministry in a Development Area shall be to: (a) Prepare an Improvement Area Plan showing the modalities, duration for improvement within the Area and where necessary, include a plan for the redistribution of Certificate of Occupancy over Land in the area or any part thereof; or (b) Grant, guarantee or otherwise facilitate the granting of loans to person(s): (i) to assist in the improvement, repair, or renovation of houses within the Area as may be directed by the Appropriate Authority, or (ii) to provide, improve, repair, or renovate social and community facilities within the area; (c) Subject to Section 73 of this law, demolish or order the demolition of a building or part thereof and, where appropriate, recover the cost of the demolition from the owner of the building or part thereof; (d) Order the improvement, repair or renovation of a building or part thereof and, where appropriate, recover the cost of such improvement, repair or renovation from the owner of the building or part thereof; (e) Pay compensation promptly to person(s) in the Area, who suffered loss or damage as a result of the exercise of the Ministry's powers, on such terms and conditions as may be prescribed by any Law/Instrument.

70. Powers and conditions for demolition. (1) The power of the Department of Urban Development to demolish or Order the demolition of a building or part thereof after serving relevant notice under this Law shall not be exercised unless: (a) The building falls below the standard of other buildings used for habitation in the area that it is/likely to become a danger to the health/safety of its occupier(s) or occupier(s) of adjacent building. (b) The building is in such a state of disrepair that it is/likely to become a danger to public safety and cannot be repaired at a reasonable cost. (c) Two or more contiguous buildings are badly laid out and so congested that without the demolition of one or more of them, that part of the Development Area cannot be improved. (d) It is in connection with the provision of infrastructural facilities for the Area. (2) The Department of Urban Development shall seek the approval of the Governor through the Commissioner for the demolition of any building or part thereof in the State.

71. Constitution/ Composition Responsibilities of Delta State Urban Forum. (1) The Ministry shall constitute the Delta State Urban Forum (the "Forum"), which secretariat shall be domiciled in the Department of Urban Development and the Forum may constitute relevant Technical Committee(s) as it may deem necessary for the performance of its responsibilities under subsection (3) of this Section. (2) The Forum shall comprise the following: (i) relevant professional bodies, (ii) Ministries, Departments and Agencies of Government, (iii) Non-Governmental Organisations, (iv) Neighbourhood groups, (v) Faith-based Organisations, (vi) Artisan Groups, and (vii) Inhabitants of an Urban Renewal Scheme/Project Areas. (3) The Forum is constituted to promote citizens and all stakeholder's participation in the development of an Urban Renewal Project Area.

72. Duties of the Ministry before the exercise of power of repair, demolition, and renovation. (1) The Department of Urban Development shall, before ordering the repair, demolition or renovation of a building or part thereof: (a) Inspect the building or part thereof to ascertain its conditions and situation and where the proposed Order is one of repair of a building or part thereof, prepare a schedule of necessary regulations, which shall inform the owner or occupier of the building: (i) of the proposed Order and the reason thereof; (ii) the date and time, when and place where the Department of Urban Development shall consider any representations or objections to the proposed Order; (iii) of such other matters as may be prescribed by regulations. (b) Affix a notice of the proposed Order onto a conspicuous part of the building to which the Order relates. (c) Refer to the Urban Forum Technical Committee to hear, consider, and report on any representation or objection which may be made orally or in writing by the owner(s) or occupier(s) or his/her duly authorised representative. (d) Where the proposed Order is for the demolition of a building or part thereof prepare an estimate of the compensation payable to the owner or occupier of the building. (2) Where the Department of Urban Development, after consideration of the report of the Committee under paragraph (d) of subsection (1) of this Section, confirms the proposed Order, with or without modifications or alterations, it shall serve a notice of the Order and the reasons thereof in such forms as may be prescribed by regulations on: (a) The owner or occupier of the building; and (b) The person who made representation or objections to the proposed Order. (3) Any aggrieved person(s) or owner(s) of a building which is the subject of a Demolition Order may appeal as provided in Section 45 of this Law. (4) Any Order made under this Section shall take effect where: (a) There is no appeal against the order, fourteen (14) days after the service on the owner(s) or occupier(s) of the building, or (b) There is appeal against the Order, twenty-one (21) days after the appeal has been finally determined or dismissed. (5) The Department of Urban Development shall not enter to repair, renovate or demolish a building or part thereof which is the subject of an Order until: (a) After the period stated in the notice of the proposed Order has expired; or (b) Where there is an appeal against the Order, renovation or demolition shall be stayed until the appeal has been finally determined.

73. Resettlement of affected residents. Where the Department of Urban Development proposes to make an Order for the demolition of a building or part thereof used for human habitation, it shall: (a) Provide a person(s) likely to be displaced from his/her/their home(s) by the Order; any one or more of the following: (i) Alternative accommodation or site and materials for building such accommodation, (ii) Assistance in the planning and construction of the alternative accommodation, (iii) Assistance in moving to and settling in the alternative accommodation, or (iv) Financial assistance by way of a grant, loan or guarantee either directly or through other authorities on such terms and conditions as the authority shall deem fit. (b) The person shall move and settle in the alternative accommodation within twenty-one (21) days before effecting demolition.

74. Funds of the Ministry/ Board. The Ministry and the Board shall maintain funds which shall comprise: (a) Such monies as may be appropriated to the Ministry/Board by the Delta State Government; (b) All monies which may be vested in the Ministry under any enactment or Law; and (c) All other sums accruing to the Ministry by way of fines, grants, aids, consultancy, gifts, sales of publication of maps, plans, journals and charges.

75. Application of funds of the Board/ Ministry. (1) Subject to the approval of the Commissioner, the Ministry/Board shall, from time to time apply funds to: (a) The actualisation of all or any of its functions under this Law; (b) The remuneration and honorarium of members of the Board; and (c) The payment of taxes, State development levies, duties, rates and other charges payable by it under any enactment. (2) The Board shall: (a) with the approval of the Governor make grants from time to time from the funds at its disposal to any institution, society, body or bodies for the preparation of any Development Plan or Scheme which in its opinion will be beneficial to the people of the State; (b) commission studies of Urban and Regional Plans for the purpose of collecting baseline data; and (c) plan various studies, workshops and seminars on matters relating to its functions under this Law.

76. Estimates of Ministry/Board's Annual Income and Expenditure. The Ministry/Board shall cause to be prepared not later than six (6) months before the end of each year or such other time as the Governor may direct an estimate of the income and expenditures of the Ministry/Board for the next succeeding year for inclusion in the State's Annual budgetary estimates.

77. Financial Reporting. The Ministry/Board shall: (a) keep proper books of accounts in respect of each financial year; and (b) prepare financial statement(s) at the end of each financial year which shall be subjected to audit.

78. Accounts and Audits. (1) The Ministry/Board shall keep proper accounts and financial records of its income and expenditures. The Financial statement of the Ministry/Board shall be audited in accordance with guidelines supplied by the Office of the State Auditor-General pursuant to the State Audit Law. (2) The Ministry/Board shall at the end of each financial year submit to the Governor through the Commissioner, a report of its activities for the preceding year and a copy of the Ministry/Board Audited Accounts together with the Auditor-General's report on the Account for that year. (3) The Ministry/Board shall cause its annual reports to be published on the official website of the State.

79. Power of the State Auditor-General to access Ministry/ Board's Account. The Auditor-General shall have the right to access the books, accounts and vouchers of the Ministry/Board and shall be entitled to such information and explanation as may be deemed necessary for the audit of the Ministry/Board's account(s).

80. Establishment/ Composition of the Members of the Urban and Regional Planning Tribunal. (1) There is hereby established an Urban and Regional Planning Tribunal (hereinafter in this Law referred to as "the Tribunal") in the State which shall have the jurisdiction, power and authority conferred on it by this Law and by any regulations made under this Law. (2) The Tribunal shall consist of a Chairman, who shall be a Registered Town Planner or any other relevant Professional with at least fifteen (15) years post qualification experience and two other members: (i) a State Counsel from the Ministry of Justice not below the rank of an Assistant Director; and (ii) a Land Surveyor who is duly registered with any of the relevant professional bodies. (3) The Tribunal shall have a Secretary who shall be a Registered Town Planner and, also a Civil Servant not below the rank of an Assistant Director. The Secretary shall be appointed by the Governor on the recommendation of the Commissioner or any person acting in that capacity.

81. Appointment/ Tenure of Members of the Tribunal. (1) The Governor shall appoint the Chairman and members of the Tribunal. (2) The Chairman and members of the Tribunal shall hold office for three (3) years and shall be eligible for re-appointment for a further term of three (3) years and no more.

82. Vacancy in Tribunal. (1) The Office of the Chairman or member of the Tribunal shall become vacant it: (a) The Chairman or a member has completed his/her tenure of Office. (b) He/she resigns his/her appointment in writing under his/her hand to the Governor. (c) Without good cause, declines to sit for the hearing of an appeal referred to the Tribunal on three consecutive occasions. (d) He/she is adjudged bankrupt by a Court of competent Jurisdiction. (e) He/she is adjudged to be of unsound mind. (f) His/her appointment is revoked by the Governor on the recommendation of the Board or in the interest of the public. (g) He/she was found guilty of professional misconduct by an appropriate professional Body in Nigeria. (2) For purposes of subsection (1) (c) of this Section, without good cause means instances other than the following: (a) Certified illness by a qualified medic al practitioner. (b) A professional involvement in a ca se before the Tribunal at its earlier or prior stages. (c) Having direct or indirect proprietary interest in a case before the Tribunal.

83. Remuneration of Members of the Tribunal. The Chairman and members of the Tribunal shall be paid such remuneration, fees, and allowances as the Governor may approve from time to time.

84. Jurisdiction of the tribunal. The Tribunal shall have jurisdiction to adjudicate on all public complaints concerning the activities of the Ministry as regards Development plans approval or rejection, preparation of Master Plans or District plans. Layout Plans or Schemes, Renewal or Improvement Area Plans, disputes arising from compensation and or any matters affecting physical developments in the State.

85. Quorum of the Tribunal. A minimum of five (5) members comprising the Chairman, Secretary, the State Counsel and any other two (2) members depending on the nature of the dispute shall constitute a quorum of the Tribunal.

86. Mode of Appeal. An appeal against the decision of the Board shall be in the prescribed form and on payment of a fee as may be prescribed in the Regulations made pursuant to this Law.

87. Rules of Procedure for the Tribunal. The Attorney-General of the State shall make rules of procedure for the Tribunal.

88. Power of Commissioner to make Regulations. The Commissioner shall have powers to: (a) make Regulations for the application of this Law; (b) review all rates, fees, charges and fines payable under this Law from time to time, subject to the approval of the Governor.

89. Savings/Transition. (1) Notwithstanding the provisions of Section 90 of this Law, any notice, action or omission or service provided or works done or anything purported to have been done under the repealed Delta State Urban and Regional Planning Law, 2021 remains valid, binding and of full effect as if it were done under this Law. (2) The provisions of this Law supersede any other Law relating to Urban and Regional Planning in the State.

90. Repeal of Delta State Urban and Regional Planning Law, 2021. The Delta State Urban and Regional Planning Law, 2021 is hereby repealed.