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

Regulations

Spatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015

Chapter 7 : General

36. National support and monitoring

 

 

(1) If the Minister, after consultation with departments in the provincial and local sphere of government, deems it necessary to issue guidelines to municipalities to assist them in the exercising of any of their functions under the Act, the municipalities must have regard to those guidelines in the performance of their functions.

 

(2) Without prejudice to the generality of subregulation (1) and in order to monitor municipalities as required in section 9(1)(b) of the Act a municipality must, when preparing a spatial development framework and a land use scheme, append a statement to it which must include the information referred to in subregulation (3).

 

(3) The statement referred to in subregulation (2) must include information which demonstrates—
(a) if the municipality implemented the policies and objectives contained in the guidelines. how and to what extent the municipality implemented it; or
(b) if the municipality did not implement the policies and objectives contained in the guidelines, because of the nature and characteristics of the area or part of the area of the spatial development framework and land use scheme, it must give reasons for the for not implementing the policies and objectives contained in the guidelines.

 

(4) Where applicable, a Province must have regard to any guidelines issued to municipalities under subregulation (1) in the performance of its functions.

 

(5) The Minister may revoke or amend guidelines issued under this regulation.

 

(6) The Minister must publish in the Gazette a notice of any guidelines and of any amendment or revocation of those guidelines issued under this regulation.