Local Government: Municipal Property Rates Act, 2004 (Act No. 6 of 2004)

Chapter 9 : Miscellaneous Matters

Purchase

(1)	The Minister may make regulations not inconsistent with this Act concerning—

(a)	any matter that may be prescribed in terms of this Act;

(b)	the preparation, contents, adoption, and enforcement of a municipal rates policy;

(c)	the manner in which rates referred to in section 21 must be phased in and the criteria that municipalities must take into account;

(d)	the property register;

(e)	the form and contents of any document referred to in this Act, including any—

(i)	declaration;

(ii)	authorisation;

(iii)

valuation roll;

(iv)	objection to a valuation;

(v)	appeal against a decision of a municipal valuer;

(vi)	notice; and

(vii)

request for review of a supplementary valuation;

[Paragraph (1)(e) (vi) amended by section 30(a) of Act No. 29 of 2014]

[Paragraph (1)(e) (vii) inserted by section 30(a) of Act No. 29 of 2014]

(f)	the valuation and rating of public service infrastructure;

(g)	the procedure that must be followed in connection with—

(i)	appeals to an appeal board against decisions of municipal valuers, including the procedure to lodge, oppose, adjudicate and dispose of such appeals; and

(ii)	reviews by an appeal board of decisions of municipal valuers;

(h)	the matters for which, or circumstances in which, an appeal board may condone non-compliance with a procedural requirement of this Act;

(i)	the giving of reasons by an appeal board for its decisions;

(j)	the funding of appeal boards by municipalities;

(k)	inquiries by investigating tribunals to establish alleged misconduct by, or alleged incompetence of, members of appeal boards;

(l)	inquiries by municipalities to establish alleged misconduct by, or alleged incompetence of, municipal valuers or assistant municipal valuers;

(m)	fees payable for information or the issue of documents in terms of this Act; and

(n)	any matter which in the opinion of the Minister is necessary for the effective carrying out or furtherance of the objects of this Act.

(2)	The Minister may by regulation in terms of subsection (1) declare a contravention of, or failure to comply with, any specific regulation an offence.

(3)	Regulations in terms of subsection (1) may—

(a)	treat different categories of properties, or different categories of owners of properties, differently; or

(b)	differentiate between different kinds of municipalities, which may, for purposes of this section, be defined either in relation to categories, types or budgetary size, or in any other manner.

[Subsection (3) amended by section 30(b) of Act No. 29 of 2014]

(4)

(a)	The Minister may, by notice in the Gazette, delay the implementation of a provision of a regulation made in terms of subsection (1) for a period determined in the notice and on such conditions as may be determined in the notice.

(b)	The delay in terms of paragraph (a) may—

(i)	apply to municipalities generally; or

(ii)	be limited in its application to a particular kind of municipality, which may, for purposes of this section, be deﬁned either in relation to a category, type or budgetary size of municipality or in any other manner.

[Subsection (4) inserted by section 30(c) of Act No. 29 of 2014]