Housing Development Agency Act, 2008
R 385
Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998)Chapter 2 : DemarcationPart 1 : Boundary determinations21. Determination of municipal boundaries |
| (1) | The Board- |
| (a) | must determine municipal boundaries in the territory of the Republic; and |
| (b) | may redetermine any municipal boundaries determined by it in terms of paragraph (a). |
| (2) | Any determination or redetermination of a municipal boundary must be consistent with this Act and other appropriate legislation enacted in terms of Chapter 7 of the Constitution: Provided that section 26 does not apply where the Board redetermines a municipal boundary in respect of which the MEC for local government and all the municipalities that are affected by the redetermination have indicated in writing that they have no objection to such redetermination. |
[Sub-section (2) amended by section 8 (a) of Act 51 of 2002.]
| (3) | The Board must publish its determination or redetermination of a municipal boundary in the relevant Provincial Gazette. |
| (4) | Any person aggrieved by a determination of a municipal boundary may within 30 days of publication of that determination submit objections in writing to the Board. |
| (5) | The Board must- |
| (a) | consider any objections; |
| (b) | either confirm, vary or withdraw its determination; and |
| (c) | publish its decision in terms of paragraph (b) in the relevant Provincial Gazette. |
[Sub-section (5) substituted by section 8 (b) of Act 51 of 2002.]
| (6) | Any person may, subject to the Promotion of Access to Information Act, 2000 (Act 2 of 2000), request the Board to provide reasons for its decision in terms of subsection (5) (b). |
[Sub-section (6) added by section 8 (c) of Act 51 of 2002.]
