LAW OF NATURAL JUSTICE

Law of Natural Justice

Law of Natural Justice

The principal instrument of policy-making is the Cabinet which is charged with the general direction and control of the Government of town and whose members are collectively responsible therefore to Parliament. The Cabinet is comprised of a Prime Minister, appointed by the Governor General from the members of the House of Representatives, along with no fewer than 11 other members, all appointed by the Governor General on the advice of the Prime Minister, from among members of the two Houses, no fewer than two and no more than three such ministers being members of the Senate (Pemberton 2004 25). In the running of the country's business the Civil Service is the principal factor of assistance to Parliament.

The subdivision of land throughout town is regulated under this Act. The Act stipulates that all subdivision of land for building or sale throughout town requires the permission of the local planning authority of the parish in which the land is located. The Act requires that the comments of the Chief Technical Director be obtained prior to the applicant being notified of the Parish Council's decision. By virtue of an amendment in 1959 the expert advice of the Government town Planner is also required by the local authority prior to notification of applicants.

The Act was passed in town in 1958 and has had amendments up to 1999. This legislation stipulates that in areas for which a Development Order has been prepared, planning permission is required from the Local Planning Authority before "development" as defined by the Act can be undertaken. In those areas for which no development orders have been prepared no planning permission is required to undertake development (Buckingham 1999 196-199). The Development Order is therefore the legal document guiding development in town. These orders are prepared by the town and Country Planning Authority in consultation with the Local Planning Authority (Parish Councils & KSAC). The town and Country Planning Authority, which is a body, established under the Act can "call in" an area for which a development order has been prepared. In this instance the town and Country Planning Authority has the jurisdiction to oversee all development applications if it so desires within that area. The areas "called in" are Portland Coast, St Mary Coast, Ocho Rios, Negril, and Westmoreland South East Coast.

The Natural Resources Conservation Authority Act provides for the management, conservation and protection of the natural resources of town. The Act establishes the Natural Resources Conservation Authority, a body of persons appointed by the Minister of the Environment. The functions of the Authority include the taking of such steps that are necessary to ensure the effective management of the physical environment of town; and the management of marine parks and protected areas. Section 9 of the Act creates a Ministerial discretion to declare parts of or the entire island a 'prescribed area', in which specified activities require a permit, and for which activities an environmental impact assessment may be ...