National Development Planning (System) Act, 1994 (Act 480)
The National Development Planning Commission is the national coordinating body for the decentralised development planning system, and it may issue legislative instruments and guidelines for that system.
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About this statute
The National Development Planning Commission is the national coordinating body for the decentralised development planning system, and it may issue legislative instruments and guidelines for that system. A District Planning Authority must prepare district plans, carry out planning-related studies, coordinate planning and budgeting, align district plans with each other and with national objectives, monitor and evaluate district projects, and provide data to the Commission. District planning bodies must hold a public hearing on proposed district plans, consider the hearing views before adoption, and local communities authorized to prepare certain local plans must also hold a public hearing before adoption. The Commission must issue guidelines on how the hearing is conducted. District Planning Authority must attach the public hearing report to the proposed district development plan, and the plan must be submitted to the Commission through the Regional Co-ordinating Council. The Commission determines compatibility with national development objectives and may incorporate approved plans. The District Planning Authority may modify an approved plan only with the Commission’s prior written approval. The District Planning Authority must prepare or direct local action plans and sub-district plans when needed for the approved district development plan, unless the Commission decides otherwise.
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Provisions of National Development Planning (System) Act, 1994 (Act 480)
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- 1 Verify source ↗
Decentralised development planning system
The National Development Planning Commission is the national coordinating body for the decentralised development planning system, and it may issue legislative instruments and guidelines for that system.
Section 1—Decentralised Development Planning System. (1) The National Development Planning Commission established by the National Development Planning Commission Act, 1994, (Act 479) and referred to as "the Commission" shall be the national co-ordinating body of the decentralised national development planning system. (2) The decentralised national development planning system shall comprise District Planning Authorities at the district level, Regional Co-ordinating Councils at the regional level and sector agencies, Ministries and the Commission at the national level. (3) The decentralised national development planning system shall be regulated by legislative instruments and guidelines issued by the Commission. (4) The Commission shall by legislative instrument provide further for the time and procedure for the submission of development plans to the Commission. - 2 Verify source ↗
Planning functions of District Planning Authority
A District Planning Authority must prepare district plans, carry out planning-related studies, coordinate planning and budgeting, align district plans with each other and with national objectives, monitor and evaluate district projects, and provide data to the Commission.
Section 2—Planning Functions of District Planning Authority. (1) A District Planning Authority established under the Local Government Act, 1993 (Act 462), shall— (a) initiate and prepare district development plans and settlement structure plans in the manner prescribed by the Commission and ensure that the plans are prepared with full participation of the local community; 3 (b) Carry out studies on— (i) development planning matters in the district including studies on economic, social, spatial environmental, sectoral and human settlement issues and policies; (ii) the mobilization of human and physical resources for development in the district; (c) initiate and co-ordinate the processes of planning, programming, budgeting and implementation of district development plans, programmes and projects; (d) integrate and ensure that sector and spatial policies, plans, programmes and projects of the district are compatible with each other and with national development objectives issued by the Commission; (e) synthesize the policy proposals on development planning in the district into a comprehensive framework for the economic, social and spatial development of settlement and ensure that the policy the district including human proposals and projects are in conformity with the principles of sound environmental management; (f) monitor and evaluate the development policies, programmes and projects in the district; and (g) provide the Commission with such data and information as it may require. (2) Notwithstanding section 2(1) (a), the preparation of a settlement plan shall be in accordance with the provisions of any existing legislative instrument on planning which is relevant to the preparation of the settlement plan. - 3 Verify source ↗
Public hearing of district, sub-district and local action development plans
District planning bodies must hold a public hearing on proposed district plans, consider the hearing views before adoption, and local communities authorized to prepare certain local plans must also hold a public hearing before adoption. The Commission must issue guidelines on how the hearing is conducted.
Section 3—Public Hearing of District, Sub-district and Local Action Development Plans. (1) A District Planning Authority shall conduct a public hearing on any proposed district development plan and shall consider the views expressed at the hearing before the adoption of the proposed district development plan. (2) A local community in a district authorised by the District Planning Authority to prepare a sub-district or local action plan under section 5 of this Act shall conduct a public hearing before the adoption of the proposed sub-district or local plan. (3) The Commission shall by guidelines prescribe the manner in which the public hearing shall be conducted. - 4 Verify source ↗
District development plans
District Planning Authority must attach the public hearing report to the proposed district development plan, and the plan must be submitted to the Commission through the Regional Co-ordinating Council. The Commission determines compatibility with national development objectives and may incorporate approved plans. The District Planning Authority may modify an approved plan only with the Commission’s prior written approval.
Section 4—District Development Plans. (1) A report on the public hearing shall be attached to the proposed district development plan by the District Planning Authority. (2) The proposed district development plan in a format prescribed by the Commission shall be submitted for consideration to the Commission through the Regional Co-ordinating Council. (3) The Commission shall determine the compatibility of district development plans with national development objectives and if approved shall incorporate them into a national development plan. (4) A District Planning, Authority may with the prior written approval of the Commission make modifications to an approved district development plan. 4 - 5 Verify source ↗
Preparation of local action plans and sub-district plans
The District Planning Authority must prepare or direct local action plans and sub-district plans when needed for the approved district development plan, unless the Commission decides otherwise.
Section 5—Preparation of Local Action Plans and Sub-district Plans. (1) A District Planning Authority shall prepare or direct the preparation of such local action plans, or sub-district plans as may be required for the implementation of the approved district development plan unless the Commission otherwise determines. (2) A local community in a district authorised by the District Planning Authority may prepare a sub-district or local action plan in accordance with— (a) the approved district development plan; (b) the development guidelines of the District Planning Authority; (c) the guidelines which may be prescribed by the Commission. (3) A sub-district or local action plan prepared under sub-section (2) of this section shall be subject to the approval of the District Planning Authority. (4) Notwithstanding sub-section (3) of this section the Commission my call for the plans made under sub-sections (1) and (2) of this section for its consideration and may modify the plans as it considers appropriate. - 6 Verify source ↗
Grievance procedure
An aggrieved person may seek redress using a grievance procedure provided by the Commission.
Section 6—Grievance Procedure. A person aggrieved by any matter relating to the exercise of a function of the District Planning Authority may seek redress in accordance with such grievance procedure as the Commission may by legislative instrument provide. - 7 Verify source ↗
Planning functions of District Planning Co-ordinating Unit
The District Planning Co-ordinating Unit must support the District Planning Authority and carry out planning coordination, plan development, and data provision tasks.
Section 7—Planning functions of District Planning Co-ordinating Unit. (1) A District planning Co-ordinating Unit established under the Local Government Act, 1993 (Act 462) shall be responsible for— (a) advising and providing a secretariat for the District Planning Authority in its planning, programming, monitoring, evaluating and co-ordinating functions; (b) co-ordinating the planning activities of sectoral departments in the district responsible for economic production, social services, technical infrastructure, environmental management and other appropriate agencies connected with the planning process; (c) synthesizing the strategies related to the development, of the district into a comprehensive and cohesive framework; (d) formulating and updating the components of a district development plan; and (e) providing such data and information as may be required by the Commission. - 8 Verify source ↗
Planning functions of a Regional Co-ordinating Council
A Regional Co-ordinating Council must support district planning by sharing information, coordinating and harmonizing plans, monitoring implementation, acting for the Commission when directed, and doing other planning tasks assigned by the Commission.
Section 8—Planning Functions of a Regional Co-ordinating Council. (1) A Regional Co-ordinating Council established under the Local Government Act, 1993 (Act 462), shall— (a) provide the District Planning Authority with such information and data as is necessary to assist them in the formulation of district development plans; 5 (b) co-ordinate the plans and programme of the District Planning Authorities and harmonize the plans and programmes with national development policies and priorities for consideration and approval by the Commission; (c) monitor and evaluate the implementation of the programmes and projects of the District Planning Authorities within the region; (d) act on behalf of the Commission with respect to such national programmes and projects in the region as the Commission may direct; and (e) perform such other planning functions as may be assigned to it by the Commission. - 9 Verify source ↗
Planning functions of a Regional Planning Co-ordinating Unit
A Regional planning Co-ordinating Unit must advise the Regional Co-ordinating Council and provide it with a secretariat.
Section 9—Planning Functions of a Regional Planning Co-ordinating Unit. (1) A Regional planning Co-ordinating Unit established under the Local Government Act, 1993 (Act 462), shall— (a) advise the Regional Co-ordinating Council on— (i) the co-ordination, monitoring and evaluation of district development plans; (ii) matters relating to development planning in the region, including spatial and sectoral policies and; (b) provide a secretariat for the Regional Co-ordinating Council to perform its functions as specified under section 8 (1) of this Act. - 10 Verify source ↗
Planning functions of ministries and sector agencies
Ministries and sector agencies must do development planning work, prepare plans when the Commission asks, follow national goals and Commission guidelines, submit plans for approval, and send monitoring reports on the Commission’s timetable.
Section 10—Planning Functions of Ministries and Sector Agencies. (1) A ministry shall undertake development planning functions in consultation with the Commission in accordance with the Civil Service Law, 1993 (P.N.D.C.L. 327). (2) A ministry or sector agency shall at the request of the Commission prepare a development plan. (3) The development planning undertaken by a ministry or a sector agency shall be based on national development goals and sectoral development guidelines issued by the Commission. (4) The development plan of a ministry or a sector agency shall be submitted to the Commission for consideration and approval. (5) The ministry or sector agency shall ensure that the plans are compatible with national development goals. (6) A ministry or sector agency shall monitor the implementation of approved development plans and submit a monitoring report to the Commission in the prescribed form. (7) The monitoring report shall be submitted at intervals determined by the Commission. - 11 Verify source ↗
Functions of Commission relating to development plans of districts, ministries and sector agencies
The National Development Planning Commission must carry out several planning and coordination functions for district, ministerial, and sector plans.
Section 11—Functions of Commission Relating to Development Plans for Districts, Ministries, and Sector Agencies. The National Development Planning Commission shall— (a) prescribe the format and content of development plans for the districts, ministries and sector agencies; 6 (b) co-ordinate district development plans and programmes submitted through the Regional Co-ordinating Councils and ensure that these plans and programmes are compatible with national development objectives; (c) integrate economic, spatial and sectoral plans of ministries and sector agencies and ensure that these plans are compatible with national development objectives; (d) advise relevant agencies on the formulation of guide-lines for the regulation of physical development; (e) in collaboration with relevant agencies, monitor physical development to ensure that any proposed development conforms with the approved development plan for the respective area; (f) issue approved development policies as directed by the President for the guidance of the public and private sectors; and (g) perform such other functions as are reasonably related to development planning, policy and strategy. - 12 Verify source ↗
Joint Development Planning Areas
The Commission may recommend that the President designate a contiguous area as a Joint Development Planning Area, and the President may make that designation by executive instrument.
Section 12—Joint Development Planning Areas. (1) The Commission may in consultation with the Minister responsible for Local Government recommend to the President the designation of any contiguous area as a Joint Development Planning Area, if special physical or social-economic characteristics necessitate is being considered as a single unit for the purpose of development planning. (2) The President may by executive instrument designate the contiguous area as a Joint Development Planning Area. - 13 Verify source ↗
Joint Development Planning Board
A Joint Development Planning Board must be created for a designated area, set its policies and resource mobilisation, and submit its development plan to the Commission and affected local authorities.
Section 13—Joint Development Planning Board. (1) An executive instrument issued under section 12 (2) of this Act which creates Joint Development Planning Area shall establish a Joint Development Planning Board for the Area and shall include— (a) the composition of the Joint Development Planning Board; (b) the functions of the Joint Development Planning Board; (c) the area of authority of the Joint Development Planning Board; and (d) modification of the powers of the District Planning Authorities and the Regional Co- ordinating Councils wholly or in part within the designated area as may be necessary to provide for the effective functioning of the Joint Development Planning Board. (2) For the avoidance of doubt, it is declared that a Joint Development Planning Board shall only be established for the purposes of formulating and supervising the implementation of development plans for the designated area. (3) The Joint Development Planning Board shall determine the economic, social, spatial and sectoral policies of the designated area as well as the mobilisation of human, physical and financial resources for the development of the area. 7 (4) The development plan prepared by a Joint Development Planning Board shall be submitted to the Commission for consideration with copies to the affected District Planning Authority and Regional Co-ordinating Council. (5) Upon approval of the development plan of a Joint Development Planning Board by the Commission, the plans of the affected District Planning Authority shall be modified accordingly. - 14 Verify source ↗
Special Development Areas
The Commission may recommend that an area be designated as a Special Development Area, and the President may make that designation by executive instrument.
Section 14—Special Development Areas. (1) The Commission may in consultation with the Minister responsible for Local Government, recommend to the President the designation of any area required for special purposes in the national interest as a Special Development Area and the President may by executive instrument, so designate the area. (2) Notwithstanding any provision of this Act to the contrary, an area designated as a Special Development Area shall be excluded from the administrative control of the District Planning Authority of the area. (3) An executive instrument establishing a Special Development Area shall on the advice of the Commission, specify the planning authority responsible for the Area. (4) The executive instrument shall specify the functions, Powers and responsibilities relating to the Special Development Area as well as the geographical limits of the Area. - 15 Verify source ↗
Consideration of plans by President
The President must consider national development plans, policies, and strategies proposed by the Commission, and may approve them.
Section 15—Consideration of Plans by President. The President shall consider and may approve such national development plans, policies and strategies as proposed by the Commission. - 16 Verify source ↗
Commission to advise on planning divisions in ministries
The Commission must advise each Minister on the structure and function of the Ministry’s Planning Division.
Section 16—Commission to Advise on Planning Divisions in Ministries. The Commission shall advise the Minister responsible for each Ministry on the structure and function of the Planning Division of the Ministry established under the Civil Service Law, 1993 (P.N.D.C.L. 327). - 17 Verify source ↗
Training of planning personnel
The Commission must consult the Ghana Institute of Planners and other relevant bodies and advise on training, qualification, and employment of planning personnel for a planning authority.
Section 17—Training of Planning Personnel. The Commission shall in consultation with the Ghana Institute of Planners and such other relevant bodies as the Commission may deem fit, advise on the training, qualification and employment of the planning personnel required for a planning authority. - 18 Verify source ↗
Immunity of officers from liability
Employees of a planning authority, and people acting under its direction or authority, are not personally liable for good-faith acts done while performing duties under the Act, subject to the Constitution.
Section 18—Immunity of Officers from Liability. Subject to the Constitution, no employee of a planning authority or any person acting under the direction or authority of a planning authority shall be personally liable for an act done in good faith in the performance of a duty under this Act. - 19 Verify source ↗
Regulations
The Commission may make regulations, but only with the President’s prior approval, and the regulations must be made by legislative instrument.
Section 19—Regulations. (1) The Commission may with the prior approval of the President by legislative instrument make regulations to— (a) prescribe the procedure for the submission of development plans; 8 (b) prescribe the form and time for submission of the plans to the Commission; and (c) make provisions to give full effect to this Act. (2) the exercise of the power to make regulations shall be signified under the hand of the Chairman. - 20 Verify source ↗
Local Government Act, 1993 (Act 462) amended
This section amends section 143(3) so that a Regional Planning Co-ordinating Unit must have the professional staff directed by the Regional Co-ordinating Council, in consultation with the Commission.
Section 20—Local Government Act, 1993 (Act 462) Amended. The Local Government Act, 1993 (Act 462) is amended by the substitution for subsection (3) of section 143 of the following section— "A Regional Planning Co-ordinating Unit shall comprise such professional staff as the Regional Co-ordinating Council shall in consultation with the Commission direct". - 21 Verify source ↗
Interpretation
This section defines “approved district development plan” and “planning authority” for the Act.
Section 21—Interpretation. In this Act, unless the context otherwise requires— "approved district development plan" means a plan approved for a district, a municipality, a metropolis or a Joint Development Planning Area by the Commission. "planning authority" includes the District Planning Authority at the district level, the Regional Co-ordinating Council at regional level, the planning division of a Ministry or sector agency and any other body designated by the Commission to carry out a development planning function. Date of Gazette Notification: 2nd September, 1994.
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