Revised Laws of Saint Lucia (2021)

7.   Ministerial Orders and directions

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   (1)   The Minister may by Order published in the Gazette declare that any area of land specified in the Order shall be subject to the control of the Development Control Authority established under section 5 of the Physical Planning and Development Act, Cap.5.12.

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   (2)   Where any such Order is in force, pursuant to subsection (1) the Minister may, notwithstanding the provisions of any other law, give directions–

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      (a)     preventing lands adjacent to or in the vicinity of an airport or an airport site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the operation of an airport or the safe operation of an airport or an aircraft;

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      (b)     preventing lands adjacent to or in the vicinity of facilities used to provide services relating to air navigation or being used or developed in a manner that would, in the opinion of the Minister, cause interference with signals or communications to and from aircraft or to and from those facilities;

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      €     restricting the height of buildings or structures or for requiring the total or partial demolition of any building or structure within the Order;

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      (d)     restricting the height of trees and other vegetation upon any land within the area, or for requiring any tree or other vegetation upon any such land to be cut down or reduced in height;

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      €     closing any private right of way over land within the area;

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      (f)     restricting the installation of cables, mains, pipes, wires or other apparatus over, on or under any land within the area;

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      (g)     for extinguishing, at the expiration of such period as may be specified by the directions, any subsisting right of installing or maintaining any such apparatus as aforesaid over, on or under any land within the area; and

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      (h)     requiring that, before the expiration of such period as may be specified by the directions, any such apparatus shall be removed from the land within the area.

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   (3)   An Order made under this section may contain such consequential, incidental and supplemental provisions as appear to the Minister to be necessary or expedient for the purposes of the Order, including in particular, provisions for empowering any person authorized in that behalf by the Minister to remove, pull down, or alter, so as to bring into conformity with the requirements of any direction given under the Order, any building, structure, tree, vegetation or apparatus which contravene those requirements.

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   (4)   Where the Minister makes or has under consideration the making of an Order under this section in respect of any land, any person authorized in that behalf in writing by the Minister may at all reasonable times, on producing if so required evidence of his or her authority, enter upon any of the land in order to make any survey which the Minister requires to be made for the purposes of any steps to be taken in consequence of the Order or, as the case may be, for the purpose of determining whether the Order should be made.

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   (5)   The Minister shall give notice of any direction given in pursuance of this section by publishing the direction in the Gazette and by taking reasonable steps to ensure that a copy of the direction is served on every owner, lessee or occupier of any land, buildings or apparatus affected by the direction and upon any local authority in whose area the subject matter of the direction is situate.