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Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)

Regulations

Spatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015

Chapter 6 : Exemptions

34. Procedures related to withdrawal of exemption

 

 

(1) The Minister may withdraw an exemption granted in terms of section 55 of the Act if—
(a) the exemption was granted on the basis of false or incorrect information;
(b) a condition, subject to which the exemption was granted, is not fulfilled; or
(c) the reason for granting the exemption no longer exists.

 

(2) If the Minister is contemplating withdrawing an exemption granted in terms of section 55 of the Act, the Minister must advise the province or the municipality concerned, in writing, of the intention to do so, as well as publishing a notice to that effect in the Gazette.

 

(3) After considering any submissions or other information received in relation to the proposed withdrawal, the Minister must—
(a) withdraw the exemption; or
(b) confirm the exemption as previously granted, in writing to that province or municipality; or
(c) substitute alternative provisions consistent with the Act; and
(d) give written reasons for his or her decision; and
(e) publish a notice in the Gazette.