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Municipal Systems Act, 2000 (Act No. 32 of 2000)

Chapter 5 : Integrated Development Planning

Part 4 : Miscellaneous

37. Regulations and guidelines

 

 

1) The Minister may for the purposes of this Chapter make regulations or issue guidelines in terms of section 120 to provide for or to regulate the following matters:
a) incentives to ensure that municipalities adopt their integrated development plans within the applicable prescribed period and comply with the provisions of this Act concerning the planning. drafting, adoption and review of those plans;
b) the detail of integrated development plans taking into account the requirements of other applicable national legislation;
c) criteria municipalities must take into account when planning, drafting, adopting or reviewing their integrated development plans;
d) the detail of the process for the planning, drafting, adoption and review of integrated development plans;
e) a process for the amendment of integrated development plans;
f) the manner in which an objection must be referred to an ad hoc committee envisaged in section 33;
g) the manner in which written evidence or documents must be submitted to an ad hoc committee;
h) the proceedings of an ad hoc committee; and
i) any other matter that may facilitate-
i) integrated development planning and the drafting of integrated development plans; or
ii) the application of this Chapter.

 

2) When making regulations or issuing guidelines in terms of section 120 to provide for or to regulate the matters mentioned in subsection (1)(b), (c), (d) and (e) of this section, the Minister must-
a) take into account the capacity of municipalities to comply with those matters; and
b) differentiate between different kinds of municipalities according to their respective capacities.

 

3) The Minister, by notice in the Gazette, may phase in the application of the provisions of this Chapter which place a financial or administrative burden on municipalities.

 

4) A notice in terms of subsection (3) may-
a) determine different dates on which different provisions of this Chapter becomes applicable to municipalities;
b) apply to all municipalities generally;
c) differentiate between different kinds of municipalities which may, for the purpose of the phasing in of the relevant provisions, be defined in the notice in relation to categories or types of municipalities or in any other way; or
d) apply to a specific kind of municipality only, as defined in the notice.