KADUNA MASTER PLAN LAW, 2016

Published by Law Nigeria Admin at 17th May 2019

LAWS OF KADUNA STATE

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KADUNA MASTER PLAN LAW, 2016

LAWS OF KADUNA STATE NIGERIA

ARRANGEMENT OF SECTION

Short Title
Commencement
Interpretation
Objectives
The Schedule
[Land transactions in Urban and Planning Areas of Kaduna Metropolis]
[Government right over existing structures, building, etc]
Powers of KASUPDA
Offences
[Offences and Punishment]
Non-conformity with the Master Plan
[Court with jurisdiction over offences under Law]
Review of Master Plan

KADUNA MASTER PLAN LAW, 2016

A LAW TO PROVIDE FOR THE PROMULGATION OF THE KADUNA REVISED MASTER PLAN 2016

KADUNA STATE OF NIGERIA

LAW NO. 5 2016

COMMENCEMENT (28^TH MARCH 2016)

Enactment

BE IT ENACTED by the House of Assembly of Kaduna State as follows:-

Short Title

This Law may be cited as Kaduna Master Plan Law, 2016.

Commencement

This Law shall come into operation on the 28^th day of March 2016.

Interpretation

In this Law unless the context otherwise requires:

“Existing Structures” means any building, structure or development erected prior to the coming into force of this Law.

“Government” means the Government of Kaduna State.

“Master Plan” means the Kaduna Revised Master Plan as contained in the Schedule to this Law.

“State” means Kaduna State of Nigeria.

Objectives

The objectives of the Law are as follows:

(i) To boost sustainable economic development of Kaduna State in it National, Regional, State and City perspectives.

(ii) To enhance social development, relating to poverty reduction, social well being, cohesion and equity.

(iii) To improve governance in land administration which hinges on reform of Physical Planning and Community Participation in Planning Processes.

(iv) To enhance sustainable use of natural resources, proper solid waste management including air, surface and ground water quality.

(v) To secure property, safety from fire, natural disaster, adequate lighting, ventilation as well as promote conservation of open space for recreational purposes and avert negative environmental impact.

(vi) To ensure safety of pedestrians, bicycle ways and people living with disability.

The Schedule

The Kaduna Revised Master Plan 2010-2050 (as shown in the Schedule hereto) is hereby promulgated into Law.

[Land transactions in Urban and Planning Areas of Kaduna Metropolis]

As from the date of commencement of this Law, all land transactions and physical developments in the designated planning or urban area of Kaduna Metropolis shall be in accordance with the provision of the master plan.

[Government right over existing structures, building, etc]

The Government shall have the right to remove, modify, restructure or reconstruct any existing structure, building or facility in order to bring it into conformity with the master plan.

PROVIDED always that the Government shall have due regard to provisions of the Land Use Act, 1978 on the payment of compensation in appropriate or deserving cases.

Powers of KASUPDA

The Kaduna State Urban Planning and Development Agency or its Powers of KASUPDA successors is hereby vested with the power, duties and responsibilities to ensure compliance with the master plan.

Offences

Any person who encroaches, interferes or in any way obstructs the Offences orderly implementation of the Master Plan commits an offence and shall be liable on conviction to imprisonment for a term of six (6) months or fine of N250,000.00 or to both.

[Offences and Punishment]

Any Officer charged with the responsibility of implementation of the Master Plan, who fails or collaborates with others to obstruct the Master Plan shall be liable on conviction to imprisonment for a term of 3 years or a fine of N1,000,000.00 or to both not exempting administrative disciplinary procedures as contained in the Public Service Rules.

Non-conformity with the Master Plan

Any development carried out prior to coming into force of this Law shall not be invalid for non-conformity with the Master Plan if the owner thereof can establish:

(i) ownership of the property;

(ii) obtaining all the necessary governmental consents and development approvals were obtained prior to the said development; and

(iii) been up to date in the payment of all fees, charges and rents on the property.

[Court with jurisdiction over offences under Law]

Any Magistrate Court or such other Court that may be constituted for the purpose of this Law shall try the offender and impose such punishment and sanctions as prescribed by this Law.

Review of Master Plan

The Master Plan shall be reviewed after every decade or within such reasonable periods as the Governor may decide.

DATED AT KADUNA this 28^th day of March 2016

EXPLANATORY NOTE

(This note does not form part of this Law and has no legal effect)

The purpose of this Law is to promulgate the Kaduna Revised Master Plan 2016 and provide offences for its violation.

This printed impression has been carefully compared with the Bill which has passed the Kaduna State House of Assembly and found to be true and correctly printed copy of the said Bill.