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Housing Development Agency Act, 2008 (Act No. 23 of 2008)

Regulations

Housing Development Agency Regulations

Chapter 1

1. Definitions

 

In these Regulations, any word or expression to which a meaning has been assigned in the Act has a meaning so assigned, and, unless the context indicates otherwise—

 

"chairperson"
means the Chairperson of the Board referred to in section 9(2)(c) of the Act;

 

"chief executive officer"
means the chief executive officer of the Housing Development Agency, referred to in section 17 of the Act;

 

"circumstances of priority"
means circumstances which relate to the housing conditions of people, particularly those in the low income groups of society, which give rise to priority to provide shelter or to upgrade areas or to redevelop precincts in a manner which requires accelerated methods for the delivery of housing at a large scale in an integrated and sustainable manner;

 

"declare"
means final declaration of a priority housing development area by the Agency;

 

"department"
means the national department of human settlements;

 

"Division of Revenue Act"
means the Act of Parliament, as amended, which is enacted annually in terms of section 214(1) of the Constitution;

 

"Housing Act"
means the Housing Act, 1997 (Act No. 107 of 1997);

 

"housing development"
means housing development as defined in section 1 of the Housing Act within a declared priority housing development area and relating to circumstances of priority, which is of national importance and executed in accordance with an approved development plan;

 

"housing institution"
means a national housing institution established by the Minister in terms of section 3(4)(h) of the Housing Act.

 

"implementing agent"
means the entity, organ of state, or business enterprise responsible for the implementation of the priority housing development area plan as identified in terms of these regulations;

 

"implementation protocol"
means an implementation protocol as defined in the Intergovernmental Relations Framework Act;

 

"Intergovernmental Relations Framework Act"
means the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005);

 

"integrated development plan"
means the strategic plan for the development of the municipality adopted by the council of that municipality, as contemplated in the Municipal Systems Act;

 

"Minmec"
means Minmec as defined in the Intergovernmental Relations Framework Act, 2005;

 

"Medium Term Expenditure Framework"
means government strategic policy and expenditure framework which balances what is affordable against policy priorities of government;

 

"Municipal Systems Act"
means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);

 

"participants"
means collectively, national and provincial departments, municipal authorities, housing institutions, applicable organs of state and private partners;

 

"preliminary declaration"
means a declaration by the Agency in consultation with the Minister, preceding the final declaration of a priority housing development area;

 

"priority housing development plan"
means a development plan referred to in regulation 14;

 

"protocol subscriber"
means a signatory to an implementation protocol as referred to in regulation 22;

 

"spatial development framework"
means a spatial development framework as defined in the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013);

 

"the Act"

means the Housing Development Agency Act, 2008 (Act No. 23 of 2008).