60Variation of scheme by the Supreme Court

60 Variation of scheme by the Supreme Court

(1)  The Supreme Court may, on application by an interested person, make an order for variation of a community development scheme if satisfied that it is impossible or impracticable to complete the scheme as proposed in the master plan.

(2)  Each of the following is an interested person:

(a) the developer;

(b) each owner and each prospective owner of a lot;

(c) the Recorder;

(ca) [Section 60 Subsection (2) amended by No. 10 of 2000, s. 31, Applied:28 Apr 2000] the council in the municipal area of which the relevant land is situated;

(d) any other person who has, in the opinion of the Supreme Court, a proper interest in the matter.

(3)  The applicant must give notice of an application under this section to all other interested persons.

(4)  A person entitled to notice under this section may appear and be heard in the proceedings.

(5)  The Supreme Court may make an order –

(a) deferring the time for completion of a particular stage or stages of the scheme; or

(b) changing the order in which the various stages of the scheme are to be completed; or

(c) varying the scheme in other ways to ensure (as far as practicable) its successful completion.

(6)  An order under this section may also –

(a) provide for the payment of compensation in addition to, or instead of, damages or compensation to which a person would be otherwise entitled; and

(b) vary rights and obligations arising under this Act in relation to the scheme; and

(c) make any other provision the Supreme Court considers just and equitable.

(7)  The Supreme Court may, on application by an interested person, vary or revoke an order under this section.