
Short title:
Date of promulgation:
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ACTS |
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SUPPLEMENT No. 5 28th May, 2010. |
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ACTS SUPPLEMENT |
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to The Uganda Gazette No. 32 Volume CIII dated 28th May 2010. |
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Printed by UPPC, Entebbe, by Order of the Government. |
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Act 8 |
Physical Planning Act THE PHYSICAL PLANNING ACT, 2010. ARRANGEMENT OF SECTIONS. Part I—Preliminary |
2010 |
Section. |
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l. |
Commencement. |
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2. |
Interpretation. |
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3. |
Declaration of planning area. Part II—National Physical Planning Board |
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4. |
Establishment of the National Physical Planning Board. |
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5. |
Tenure of office of members of the Board |
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6. |
Functions of the Board. Secretary to the Board |
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7. |
Secretary to the Board. |
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8. |
Functions of the secretary. Part III—District, Urban And Local Physical Planning Committees District physical planning committee. |
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9. |
Establishment of district physical planning committee. |
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10. |
Functions of a district physical planning committee. Urban physical planning committees. |
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11. |
Establishment of urban physical planning committees. |
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12. |
Functions of an urban physical planning committee. Local physical planning committee. |
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13. |
Sub county council to constitute local physical committee. |
planning |
14. |
Functions of local physical planning committees. |
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Act 8 Physical Planning Act 2010 |
Section. General
Part IV—Physical Development Plans.
National and regional physical development plans
District and local physical development plans.
Part V—Control of Development Development permission.
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Act 8 Section. 36. 37. 38. 39. 40. |
41. 42. 43. |
44. 45. 46. 47. |
48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59.
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Physical Planning Act 2010 |
Subdivision or consolidation of land. Environmental impact assessment. Approval or refusal of development permission. Deferment of application for development permission. Application for development permission in areas without approved physical development plans. Part VI—Financial Provisions. Financial resources of the Board. Accounts and financial management. Audit. Part VII—General Provisions Finances of physical planning committees. Registration of documents. Enforcement notice. Supplementary provisions relating to enforcement. Part VIII—Miscellaneous Appeals. Exemption from liability for acts done in good faith. Minister’s general powers. Disposal of land, extension of lease, etc. Access to record. Secrecy. Service of notice. Power of entry. Preservation of buildings of special architectural value or historic interest. Penalty for giving false information. Publication of notices. Minister’s Power to amend Schedules. Regulations. Repeal and savings. |
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Act 8 First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule Eighth Schedule Ninth Schedule |
Physical Planning Act 2010 SCHEDULES Currency Point. Proceedings of the Board. Detailed plans and area action plans. Matters to be dealt with in national and regional physical development plans. Matters to be dealt with in district, urban and local physical development plans. Application for development permission. Application for subdivision/consolidation of land and all buildings. Notification of approval/refusal/deferment of development permission. Enforcement notice. |
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Act 8 |
Physical Planning Act |
2010 |
THE PHYSICAL PLANNING ACT, 2010 An Act to provide for the establishment of a National Physical Planning Board; to provide for the composition, functions and procedure of the Board; to establish district and urban physical planning committees; to provide for the making and approval of physical development plans and for the applications for development permission; and for related matters. Date of Assent: 28th April, 2010. Date of commencement: See section 1. Be it enacted by Parliament as follows— Part I—Preliminary.
This Act shall come into force on a date appointed by the Minister, by statutory instrument.
In this Act, unless the context otherwise requires— |
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Physical Planning Act |
2010 |
“advertisement” means any word, letter, device, model, sign, placard, board, notice or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purpose of public communication and includes any hoarding or similar structure used or adapted for use for the display of the communication but does not include any communication displayed inside a building; “area action plan” means a local plan intended to address specific development planning problems of a specific area; “Board” means the National Physical Planning Board established by section 4; “building” means any structure or erection on, in or under any land and any part of any structure or erection of any kind whatsoever whether permanent, temporary or movable, and whether completed or uncompleted; “building operations” include any building or erection operations, rebuilding operations, structural alterations or additions to buildings and other similar operations and the making of access roads, railways, waterworks, sewerage and drainage works, electrical and telephone installations and any road works preliminary to, or incidental to, the erection of buildings; “building works” include waste materials, refuse and other matters deposited on land and reference to the erection or construction of building or works shall be construed accordingly; “court” means the High court; “currency point” has the value assigned to it in the First schedule; “density of development” means the maximum amount of development permitted or the maximum number of persons permitted to reside, as the case may be, on any area of land; |
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Act 8 |
Physical Planning Act |
2010 |
“detailed plan” means a local physical development plan that operationalises the provisions of a structure plan; “development” means—
but does not include—
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Act 8 |
Physical Planning Act |
2010 |
“development application” means an application made under section 34 for permission to develop land; “development permission” means a development permission granted under section 33 by a local government to an applicant to develop land; “district physical planning committee” means a committee established under section 9; “district physical planner” means an officer responsible for physical planning in a district; “dwelling” means a building or any part or portion of a building, used or constructed, adapted or designed to be used for human habitation, as a separate tenancy or by one family only, whether detached, semi-detached, or separated by party walls or floors from adjoining buildings or part or portion of the same building together with such outbuildings as are reasonably required to be used or enjoyed; “enforcement notice” means a notice served by a local government under section 46 on an owner, occupier or developer of land, requiring that owner, occupier or developer to comply with provisions of that section; “existing building” or “existing works” means, respectively, a building or works erected, constructed or carried out before the date this Act becomes applicable to the area in which the building or works is situated, and includes a building or works, as the case may be, commenced before, but completed after that date; “head of the national physical planning department” means the head of the national department responsible for physical planning; “land” includes any land covered with water, and any buildings or other things permanently attached to land, and any interest or right of easement in, to or over land; |
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Act 8 |
Physical Planning Act |
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“local government” includes— |
(a) |
a district council; |
(b) |
a city council; |
(c) |
a city division council; |
(d) |
a municipal council; |
(e) |
a municipal division council; |
(f) |
a town council; |
(g) |
a sub county council; |
“local council” includes a local government council and an administrative unit council; “local physical development plan” means a plan for an area or part of an area of a city, municipal, town or urban council and includes a plan with reference to any trading centre, marketing centre or rural area; “long-term plan” includes national, regional or district land use plans and urban structure plans, national, regional or district network plans for settlements, services, infrastructure and transportation; “lower local government” includes a municipality, town, division and sub county council; “Minister” means the Minister responsible for physical planning; “national physical development plan” includes a land use plan, general or subject specific, developed to cover Uganda as a whole; “owner” means a person holding land under leasehold, mailo, freehold or customary tenure system and includes a lessee, tenant, spouse and agent; 9 |
Act 8 |
Physical Planning Act |
2010 |
“physical planning committee” includes a district physical planning committee, urban physical planning committee and a division or local physical planning committee; “regional physical development plan” means a physical development plan which covers more than one district; “road” means any way open to the public for the circulation of vehicles which is maintained by the government or an administration and includes any street, square, court, alley, bridge, footway, path, passage or highway whether a thoroughfare or not; “safeguarding area” means any area adjoining any land owned or occupied by the armed forces of Uganda which is declared by the Minister by notice in the Gazette to be a safeguarding area for the purposes of this Act; “special planning area” means an area that has spatial, socioeconomic, physical and development problems and potential and which is declared as such under section 24; “structure plan” means a broad development framework of a given area showing the proposed use of the various parts of an area and translating national and regional planning principles and guidelines into land use proposals; “subdivision” in relation to land means the dividing of land into two or more parts whether by conveyance, transfer or partition or for the purpose of sale, gift, lease or any other purpose; “urban authority” includes a city, municipal, division and town council, declared as such under the Local Governments Act; “urban physical planner” means an officer responsible for physical planning in an urban authority. |
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Act 8 |
Physical Planning Act |
2010 |
The entire country is declared a planning area and this Act shall apply to the entire country in all respects. Part II—National Physical Planning Board.
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Act 8 |
Physical Planning Act |
2010 |
(1) The functions of the Board are—
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Act 8 Physical Planning Act 2010 |
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(j) to monitor and evaluate the implementation of physical development plans; (k) to formulate draft planning policies, standards, guidelines and manuals for consideration by the Minister;
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Act 8 Physical Planning Act 2010 (m) to exercise general supervisory powers over all lower planning committees such that they can seek guidance, set standards and take control; and (n) to foster co-ordination of physical planning related or interdisciplinary activities in the country in order to promote orderly and sustainable development of human settlements in rural and urban areas.
Secretary to the Board
The head of the national physical planning department shall be the secretary to the Board.
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Act 8 Physical Planning Act 2010 |
Part III—District, Urban And Local Physical Planning Committees District physical planning committee
Each district council shall establish a district physical planning committee, which shall consist of—
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Physical Planning Act |
2010 |
(j) the clerks of all urban and town councils within the district; (k) the district environment officer;
(m) a physical planner in private practice appointed by the council on the advice of the secretary to the Board.
The functions of a district physical planning committee are—
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Act 8 Physical Planning Act 2010 |
Urban physical planning committees
Each urban authority or city shall establish an urban physical planning committee which shall consist of—
The functions of the urban physical planning committee are—
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Act 8 |
Physical Planning Act |
2010 |
Local physical planning committees.
committee. A sub county council shall constitute the local physical planning committee.
A local physical planning committee shall be responsible for—
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Act 8 |
Physical Planning Act |
2010 |
planning committee.
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Act 8 Physical Planning Act 2010 Part IV—Physical Development Plans. |
National and regional physical development plans
20 |
Act 8 Physical Planning Act 2010 |
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21 |
Act 8 |
Physical Planning Act |
2010 |
development plans.
development plans.
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22 |
Act 8 |
Physical Planning Act |
2010 |
District, urban and local physical development plans
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23 |
Act 8 Physical Planning Act 2010
A district, urban and local physical development plan shall consist of—
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Act 8 Physical Planning Act 2010 |
development plans.
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Act 8 |
Physical Planning Act |
2010 |
The Board shall, within fourteen days after approving a district, urban or local physical development plan, publish a notice in the Gazette, specifying whether or not the respective plan has been approved, with or without modification, and specifying the place and time where it may be inspected during normal working hours.
approved.
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Act 8 |
Physical Planning Act |
2010 |
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27 |
Act 8 |
Physical Planning Act |
2010 |
Part V—Control of Development.
Subject to this Act, each local physical planning committee of a lower local government shall have power—
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28 |
Act 8 |
Physical Planning Act |
2010 |
29 |
Act 8 |
Physical Planning Act |
2010 |
Where in the opinion of a local physical planning committee, an application in respect of development, change of user, subdivision or consolidation of land has an impact on adjacent land or does not conform to any conditions registered against the title of the property, the committee shall, at the expense of the applicant, publish the notice of the application in the Gazette, in a manner it thinks expedient.
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30 |
Act 8 |
Physical Planning Act |
2010 |
Where a development application relates to matters that require an environmental impact assessment to be carried out, the approving authority or physical planning committee may grant preliminary approval of the application subject to the applicant obtaining an environmental impact assessment certificate in accordance with the National Environment Act.
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Act 8 |
Physical Planning Act |
2010 |
Part VI—Financial Provisions.
The funds and resources of the Board shall consist of—
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32 |
Act 8 |
Physical Planning Act |
2010 |
The accounts and finances of the Board shall be managed in accordance with the Public Finance and Accountability Act, 2003.
The accounts of the Board shall be audited by the Auditor General in accordance with article 163 of the Constitution. Part VII—General Provisions.
All activities of the physical planning committees shall be financed by the local government finances.
The registrar of documents shall not register a document relating to the development of land under the Registration of Documents Act, unless development permission, in respect of the development, is granted as required under this Act.
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Act 8 |
Physical Planning Act |
2010 |
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34 |
Act 8 |
Physical Planning Act Part VIII—Miscellaneous |
2010 |
A member of the Board or a public officer shall not be liable for any act or omission done or omitted to be done by him or her in good faith in the discharge of his or her functions under this Act.
The Minister may give directives on policy in order to ensure compliance with this Act.
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35 |
Act 8 |
Physical Planning Act |
2010 |
The secretary to the Board, a physical planner or a local physical planning committee may demand the production of, and make extracts from, all registers or other records or any deeds or instruments belonging to, or in the custody or possession of any public officer, which contain particulars of any land or property affected by any physical development plan.
A notice or order made or issued under this Act shall be in writing and shall be served on every concerned person or his or her agent and shall be taken to have been sufficiently served if it is left at the last known postal, residential or business address of that person or if it is sent by registered post, addressed to that person, in which case the notice or order shall be taken to have been received by the person in the ordinary course of post.
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Act 8 |
Physical Planning Act |
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committee, shall have the right to enter upon any land or premises at all reasonable times with vehicles, materials and instruments to do all acts as are necessary for or incidental to the exercise of the powers conferred, or the performance of the duties imposed, by this Act.
historic interest. Subject to the Historical Monuments Act, Cap. 46 the Board may, after consultation with the commissioner in charge of antiquities, serve on the owner or occupier of a building which in the opinion of the Board is of special architectural value or historic interest, an order prohibiting the demolition, alteration or extension of that building. '
A person who knowingly makes a false statement or gives false information in respect of an application or appeal under this Act, commits an offence and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both. |
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Act 8 |
Physical Planning Act |
2010 |
Every notice required to be published in the Gazette under this Act, except the notices published under sections 46 and 54, shall also be published in at least two local daily newspapers, one in English and one in a local language relevant to the affected district and shall be displayed at the offices of the relevant local government.
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Act 8 |
Physical Planning Act |
Currency Point A currency point is equivalent to twenty thousand shillings. |
2010 |
S. 2 |
39 |
Act 8 |
Physical Planning Act SECOND SCHEDULE |
2010 |
S. 4 PROCEEDINGS OF THE BOARD
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40 |
Act 8 |
Physical Planning Act |
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The validity of any proceedings of the Board shall not be affected by a vacancy in its membership or by any defect in the appointment or qualification of a member or by reason that a person not entitled, took part in its proceedings.
Subject to this Act, the Board may regulate its own procedure or any other matter relating to its meetings. |
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Act 8 |
Physical Planning Act THIRD SCHEDULE |
2010 |
S. 14 |
DETAILED PLANS AND AREA ACTION PLANS A detailed plan and an area action plan shall address the following—
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Act 8 |
Physical Planning Act |
2010 |
fourth schedule S. 19 MATTERS TO BE DEALT WITH IN NATIONAL AND REGIONAL physical development plans part I—ANALYSIS
part ii—plan proposals
part iii—implementation
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Act 8 |
Physical Planning Act |
2010 |
PART IV—CONTENTS OF NATIONAL AND REGIONAL PHYSICAL DEVELOPMENT PLANS
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Act 8 |
Physical Planning Act |
2010 |
FIFTH SCHEDULE S. 26 MATTERS TO BE DEALT WITH IN DISTRICT, URBAN AND LOCAL PHYSICAL DEVELOPMENT PLANS
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Act 8 Physical Planning Act 2010 |
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46 |
Act 8 |
Physical Planning Act |
2010 |
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47 |
Act 8 |
Physical Planning Act |
Ss. 34, 51 |
2010 |
THE PHYSICAL PLANNING ACT, 2008 |
APPLICATION FOR DEVELOPMENT PERMISSION* |
Application No of 20... |
To |
(Insert name and address of the appropriate Planning Office) I/We hereby apply for permission to develop the land and/or building as described in this application and on the attached plans and/or drawings/photographs. |
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SECTION A- GENERAL INFORMATION |
48 |
Act 8 Physical Planning Act 2010
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Note: Drawing and specifications must be prepared and signed by a qualified physical planner. SECTION B- EXTENSION OF LEASE OR USE OR CHANGE OF USER State whether there is an extension of lease or use or whether there has been a change of user if the land is on lease, and the period of extension |
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Act 8 Physical Planning Act 2010 SEVENTH SCHEDULE |
S.36 Form. P.P.A. 2 application for subdivision/consolidation of lands and buildings. Application No of 20... To .. (Insert name and address of the appropriate Planning Office)
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Act 8 |
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Physical Planning Act |
2010 |
Dated this................. day of.................................... Signature of applicant or agent.......................................................................................... If signed by agent, state: Name......................................... Address ...................................... Profession Telephone E-mail............................................. * Application to be submitted in TRIPLICATE in respect of each transaction and sent to or left at appropriate office of the local physical planning committee. |
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Act 8 Physical Planning Act 2010 EIGHTH SCHEDULE |
Ss. 38, 39 Form P.P.A. 3 THE PHYSICAL PLANNING ACT, 2008 notification of approval/refusal/deferment of development permission No of 20 TO: .......................................................................................................................................... Your application No................................. of 20........ , for permission to develop parcel No...................................................... situated on............................................. road was considered on ................................................. (insert date) and the committee approved/refused/deferred the application for the following reasons/subject to the following conditions—
Dated this............... day of.................................................. Signed..................................................................................................................................... For: Chief Administrative Officer/ Town Clerk/ Sub county Chief |
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Act 8 |
Physical Planning Act NINTH SCHEDULE |
2010 |
S. 46 THE PHYSICAL PLANNING ACT, 2008 enforcement notice No of 20 TO: ...................................................................................................................................... (insert name of owner, occupier or developer) In accordance with section 48 of the Physical Planning Act, 2008 the committee is satisfied that you are carrying out an illegal development on |
plot |
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............................................ in (state area) |
This is therefore to require you to |
of this town/municipality/district. |
(a)................................................................ |
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(b)............................................................. |
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(c)................................................................. |
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Within ................ days from the service of this notice. |
Failure to comply with this notice shall result in— (a).............................................................................................................................................
Dated this............... day of.................................................. Signed.................................................................................................................................. For: Chief Administrative Officer/ Town Clerk/ Sub county Chief |
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Physical Planning Act |
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Cross References |
1. |
Constitution of Uganda, 1995 |
2. |
Historical Monuments Act, Cap. 46 |
3. |
Land Act, Cap. 227 |
4. |
Local Governments Act, Cap. 243 |
5. |
National Environment Act, Cap. 153 |
6. |
Official Secrets Act, Cap. 302 |
7. |
Public Finance and Accountability Act, 2003, Act No. 6 of 2003 |
8. |
Registration of Documents Act, Cap. 81 |
9. |
Town and Country Planning Act, Cap 246 |
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