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

Chapter 7 : General Provisions

54. Regulations

 

 

(1) The Minister may, after public consultation, make regulations consistent with this Act prescribing—
(a) any matter to be prescribed in terms of this Act;
(b) national norms and standards, policies and directives pertaining to spatial development planning, land use management and land development;
(c) the implementation measures required to give effect to the development principles contemplated in Chapter 2;
(d) corrective measures or procedures to be taken should a municipality fail to adopt and implement a land use scheme as provided for in this Act;
(e) procedures concerning the lodging of applications and the consideration and decision of such applications, including the—
(i) submission by applicants and objectors of additional information, explanations and environmental impact assessments;
(ii) conduct of investigations in terms of sections 32 and 48; and
(iii) guidelines for the determination of what amounts to an undue delay for consideration and disposal of application by a Municipal Planning Tribunal for the purposes of this Act;
(f) procedures concerning the lodging of any appeals and the consideration and decision of such appeals in terms of this Act;
(g) procedures concerning the lodging of applications in terms of sections 41 and 52;
(h) fees payable in connection with applications and appeals;
(i) a code of conduct for members of Municipal Planning Tribunals;
(j) the process for public participation in the preparation, adoption or amendment of a land use scheme or the performance of any other function in terms of this Act;
(k) the operating procedure of a Municipal Planning Tribunal; and
(l) in general any ancillary or incidental matter that is necessary for the proper implementation and administration of this Act.

 

(2) Before promulgating regulations as contemplated in subsection (1) and any proposed amendments to regulations, the Minister must—
(a) give notice of the proposed regulations in the media;
(b) invite the public to submit written representations in respect of the proposed regulations to the Minister within 60 days after the publication of the notice referred to in paragraph (a);
(c) consider all representations received in respect of the proposed regulations; and
(d) table the regulations in Parliament.

 

(3) Different regulations may be made for different categories of—
(a) Municipal Planning Tribunals;
(b) land use schemes;
(c) development applications; or
(d) appeals.

 

(4) Until the Minister makes regulations in terms of this section, the regulations in force under any law repealed by section 59 must, despite the repeal and to the extent that such regulations can be applied and are not inconsistent with the provisions of this Act, continue to apply.