STATUTORY FRAMEWORK. 1.1. North Carolina General Statutes (hereinafter “G.S.”) 160A-400.20(a)(1) provides that “large-scale development projects often occur in multiple phases extending over a period of years, requiring a long- term commitment of both public and private resources.”
1.2. G.S. 160A-400.20(a)(3) provides that “because of their scale and duration, such large-scale projects often require careful integration between public capital facilities planning, financing, and construction schedules and the phasing of the private development.”
1.3. G.S. 160A-400.20(a)(4) provides that “because of their scale and duration, such large-scale projects involve substantial commitments of private capital by developers, which developers are usually unwilling to risk without sufficient assurances that development standards will remain stable through the extended period of development.”
1.4. G.S. 160A-400.20(a)(5) provides that "because of their size and duration, such developments often permit communities and developers to experiment with different or nontraditional types of development concepts and standards, while still managing impacts on the surrounding areas."
1.5. G.S. 160A-400.20(a)(6) provides that “to better structure and manage development approvals for such large-scale developments and ensure their proper integration into local capital facilities programs, local governments need the flexibility in negotiating such developments.”
1.6. In view of the foregoing, G.S. 160A-400.20(b) and 160A-400.22 expressly authorize local governments and agencies to enter into development agreements with developers pursuant to the procedures and requirements of G.S. 160A-400.20 through 160A-400.32, which procedures and requirements include approval of the development agreement by the governing body of the local government by ordinance after a duly noticed public hearing.
1.7. G.S. 160A-400.23 restricts the use of a development agreement to “property that contains 25 acres or more of developable property (exclusive of wetlands, mandatory buffers, unbuildable slopes, and other portions of the property which may be precluded from development at the time of the application).”
STATUTORY FRAMEWORK. The NHS Act which has been amended by LRO 2014/2436, provides at s.14Z3 that where two or more clinical commissioning groups are exercising their commissioning functions jointly, those functions may be exercised by a joint committee of the groups.
STATUTORY FRAMEWORK. You and Xxxxxxxx agree that, in the performance of this Agreement, each party is required to comply with:
(a) the Act and instruments made under it or developed in connection with the Act or such instruments;
(b) the Water Plan;
(c) the Water Entitlement Notice;
STATUTORY FRAMEWORK. You and Xxxxxxxx agree that, in the performance of this Agreement, each party is required to comply with:
(a) the Act and instruments made under it or developed in connection with the Act or such instruments;
(b) the Water Plan;
(c) the Water Entitlement Notice;
(d) the water available under the Customer's ROL Contract;
(e) the capacity of the Distribution Network from time to time;
(f) Sunwater's estimate of the likely demand of other customers within the Distribution Network;
STATUTORY FRAMEWORK. 2.1.1 The following primary and secondary legislation is now in force in Wales • The Planning and Compulsory Purchase Xxx 0000. • The Town and Country Planning (Local Development Plan) (Wales) Regulations 2005. [SI 2005/2839 (W.203)] • The Planning and Compulsory Xxxxxxxx Xxx 0000 (Commencement No 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005. [SI 2005/2722 (W.193)] • The Planning and Compulsory Xxxxxxxx Xxx 0000 (Commencement No.6, Transitional Provisions and Savings) Order 2005. [SI 2005/2847]
STATUTORY FRAMEWORK. Section 325 of the Criminal Justice Xxx 0000 (the Act) imposes a statutory duty on the MAPPA Responsible Authority (RA – comprising the Police, the National Probation Service (NPS) and HM Prison Service) to establish arrangements to assess and manage the risks posed by:
a) relevant sexual and violent offenders; and
b) other persons who, by reason of offences they have committed, are considered by the Responsible Authority to be persons who may cause serious harm to the public.
STATUTORY FRAMEWORK of the Forest Act enables the regional manager to increase the current allowable annual cut associated with the licence of an innovative forestry practices agreement holder. Prior to such approval, the regional manager must have approved a forestry plan in which the innovative forestry practices or activities are identified. Eligible categories of innovative forestry practices and activities are described in the Innovative Forestry Practices regulation. These categories include improvements due to harvesting or silvicultural systems, silvicultural treatments, collection and analysis of new data on forest composition and expected growth, and management activities to enhance and protect other resource values. To be eligible the practices and activities must be within the forestry plan approved by the regional manager. Additionally, the collection and analysis of new data must be in accordance with the specifications of the chief forester. An increase in AAC must be justified based on timber supply analysis methodology approved by the chief forester. The chief forester has made known his approved timber supply analysis methodology in a memorandum dated 6 April 2001 to the regional managers. This memorandum provides the general principles of timber supply analysis methodology that is required to justify an increase in allowable annual cut to the licence of an innovative forestry practices agreement holder. Under section 59.1 the regional manager can limit an AAC increase to a period of time, area of land, type of timber or any other condition. The regional manager also can reduce or eliminate an increase at any future time given new information or for non-compliance with the forestry plan or the conditions set. Further the regional manager is enabled to suspend or cancel an innovative forestry practices agreement if the holder is not complying with the agreement, forestry plan, conditions, Forest Act, or Forest Practices Code of British Columbia Act.
STATUTORY FRAMEWORK. 1.1 North Carolina General Statutes (hereinafter “G.S.”) 160A-400.20(a)(1) provides that “large-scale development projects often occur in multiple phases extending over a period of years, requiring a long-term commitment of both public and private resources.”
STATUTORY FRAMEWORK. 3.1 The Local Authority Social Services Directorate has a wide range of statutory duties placed upon it, the most significant pieces of legislation being: The National Assistance Xxx 0000 The Chronically Sick and Disabled Persons Act 1970 The National Health Services Xxx 0000 The Mental Health At 1983 The Police and Criminal Evidence Xxx 0000 The Disabled Persons (Services, Consultation and Representation) Xxx 0000 The Children Xxx 0000 The NHS and Community Care Xxx 0000 The Criminal Justice Acts 1971 and 1993 The Mental Health (Patients in the Community) Act1995 The Carers (Recognition and Services) Xxx 0000 The Education Xxx 0000 The Community Care (Direct Payments) Xxx 0000 The Crime and Disorder Xxx 0000 The Human Rights Xxx 0000 The Carers and Disabled Children Xxx 0000 The Health and Social Care Xxx 0000 The National services Xxx 0000 Xxx Xxxxxx Xxxxxxxx Xxx 0000 The Mental Health act 2007 The Health and Social Care Xxx 0000
STATUTORY FRAMEWORK. The current legal and procedural framework for planning agreements is set in Subdivision 2 of Division 7.1 of the Environmental Planning and Assessment Act 1979. Council is also bound by the provisions of Division 1A of Part 4 of the Environmental Planning and Assessment Regulation 2000.
