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ByLaws

THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW - 2016

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PROVINSIALE KOERANT, 22 APRIL 2016 No. 1

Proclamation• Proklamasie

PROCLAMATION XXX OF 2016

XXX The Spatial Planning and Land Use Management (SPLUM) By-law: Chief Albert Luthuli, Dipaleseng, Dr Pixley ka Isaka Seme, Lekwa, Mkhondo and Msukaligwa Local Municipalities

THE SPATIAL PLANNING AND LAND

USE MANAGEMENT (SPLUM) BY-LAW

FOR:

CHIEF ALBERT LUTHULI,

DIPALESENG, PIXLEY KA ISAKA SEME,

LEKWA, MKHONDO AND MSUKALIGWA LOCAL MUNICIPALITIES

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2 No.   PROVINCIAL GAZETTE, 22 APRIL 2016

1 ARRANGEMENT OF SECTIONS

CHAPTER 1

DEFINITIONS, APPLICABLITY AND CONFLICT OF LAWS

Sections

1 Definitions

2 Application of By-Law

3 Conflict of laws

CHAPTER 2

MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK

4 Municipal spatial development framework

5 Contents of municipal spatial development framework

6 Intention to prepare, amend or review municipal spatial development framework

7 Institutional framework for preparation, amendment or review of municipal spatial development framework

8 Preparation, amendment or review of municipal spatial development framework

9 Public participation

10 Local spatial development framework

11 Compilation, amendment or review of local spatial development framework

12 Effect of local spatial development framework

13 Record of and access to municipal spatial development framework

14 Departurefrom municipal spatial development framework

CHAPTER 3

LAND USE SCHEME

15 Land use scheme

16 Purpose of land use scheme

17 General matters pertaining to land use scheme

18 Preparation of draft land use scheme

19 Institutional framework for preparation, review or amendment of land use scheme

20 Council approval for publication of draft land use scheme

21 Public participation

22 Incorporation of relevant comments

23 Preparation of land use scheme

24 Submission of land use scheme to Council for approval and adoption

25 Publication of notice of adoption and approval of land use scheme

26 Submission to Member of Executive Council

27 Records

28 Contents of land use scheme

29 Register of amendments to land use scheme

30 Consolidation of amendment land use scheme

CHAPTER 4

INSTITUTIONAL STRUCTURE FOR LAND DEVELOPEMNT AND LAND USE MANAGEMENT DECISIONS

Part A: Division of Functions

31 Categoriesof applications for purposes of section 35(3) of Act

Part B: Land Development Officer

32 Designation and functions of Land Development Officer

Part C: Establishment of Municipal Planning Tribunal for Local Municipal Area

33 Establishment of Municipal Planning Tribunal for local municipal area

34 Composition of Municipal Planning Tribunal for local municipal area

35 Nomination procedure

36 Submission of nomination

37 Initial screening of nomination by Municipality

38 Evaluation panel

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39 Appointment of member to Municipal Planning Tribunal by Council

40 Term of office and conditions of service of members of Municipal Planning Tribunal for municipal area

41 Vacancy and increase of number of members of Municipal Planning Tribunal

42 Proceedings of Municipal Planning Tribunal for municipal area

43 Tribunal of record

44 Commencement date of operations of Municipal Planning Tribunal

Part D: Establishment of Joint Municipal Planning Tribunal

45 Agreement to establish joint Municipal Planning Tribunal

46 Composition of joint Municipal Planning Tribunal

47 Status of decision of joint Municipal Planning Tribunal

48 Applicability of Part C, F and G to joint Municipal Planning Tribunal

Part E: Establishment of District Municipal Planning Tribunal

49 Agreement to establish district Municipal Planning Tribunal

50 Composition of district Municipal Planning Tribunals

51 Status of decision of district Municipal Planning Tribunal

52 Applicability of Part C, F and G to district Municipal Planning Tribunal

Part F: Decisions of Municipal Planning Tribunal

53 General criteria for consideration and determination of application by Municipal Planning Tribunal  or Land

Development Officer

54 Conditions of approval

55 Reference to Municipal Planning Tribunal

Part G: Administrative Arrangements

56 Administrator for Municipal Planning Tribunal

CHAPTER 5

DEVELOPMENT MANAGEMENT

Part A: Types of Applications

57 Types of applications

58 Application required

Part B: Establishment of Township or Extension of Boundaries of Township

59 Application for establishment of township

60 Division or phasing of township

61 Lodging of layout plan for approval with the Surveyor-General.

62 Compliance with pre-proclamation conditions

63 Opening of Township Register

64 Proclamation of an approved township

65 Prohibition of certain contracts and options

Part C: Rezoning of land

66 Application for amendment of a land use scheme by rezoning of land

Part D: Removal, Amendment or Suspension of a Restrictive or Obsolete Condition, Servitude or Reservation

Registered Against the Title of the Land

67 Requirements for amendment, suspension or removal of restrictive conditions or obsolete condition, servitude or

reservation registered against the title of the land

68 Endorsements in connection with amendment, suspension or removal of restrictive conditions

Part E: Amendment or Cancellation of General Plan

69 Notification of Surveyor-General

70 Effect of amendment or cancellation of general plan

Part F: Subdivision and Consolidation

71 Application for subdivision

72 Confirmation of subdivision 

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73 Lapsing of subdivision and extension of validity periods

74 Amendment or cancellation of subdivision plan

75 Exemption of subdivisions and consolidations

76 Services arising from subdivision

77 Consolidation of land units

78 Lapsing of consolidation and extension of validity periods

Part G: Permanent Closure of Public Place

79 Closure of public places

Part H: Consent Use

80 Application for consent use

Part I: Land Use on Communal Land

81 Application for development on or change to land use purpose of communal land

Part J: Departure from Provisions of Land Use Scheme

82 Application for permanent or temporary departure

Part K: General Matters

83 Ownership of public places and land required for municipal engineering services and social facilities

84 Restriction of transfer and registration

85 First transfer

86 Certification by Municipality

87 Application affection national and provincial interest

CHAPTER 6

APPLICATION PROCEDURES

88 Applicability of Chapter

89 Procedures for making application

90 Information required

91 Application fees

92 Grounds for refusing to accept application

93 Receipt of application and request for further documents

94 Additional information

95 Confirmation of complete application

96 Withdrawal of application

97 Notice of applications in terms of integrated procedures

98 Notification of application in media

99 Serving of notices

100 Content of notice

101 On-site notice

102 Additional methods of public notice

103 Requirements for petitions

104 Requirements for objections or comments

105 Requirements for intervener status

106 Amendments prior to approval

107 Further public notice

108 Cost of notice

109 Applicant’s right to reply

110 Written assessment of application

111 Decision-making period

112 Failure to act within time period

113 Powers to conduct routine inspections

114 Determination of application

115 Notification of decision

116 Extension of time for fulfilment of conditions of approval

117 Duties of agent of applicant 

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118 Errors and omissions

119 Withdrawal of approval

120 Procedure to withdraw an approval

121 Exemptions to facilitate expedited procedures

CHAPTER 7

ENGINEERING SERVICES AND DEVELOPMENT CHARGES

Part A: Provision and Installation of Engineering Services

122 Responsibility for providing engineering services

123 Installation of engineering services

124 Engineering services agreement

125 Abandonment or lapsing of land development application

126 Internal and external engineering services

Part B: Development Charges

127 Payment of development charge

128 Offset of development charge

129 Payment of development charge in instalments

130 Refund of development charge

131 General matters relating to contribution charges

CHAPTER 8

APPEAL

PART A: ESTABLISHMENT OF MUNICIPAL APPEAL TRIBUNAL

132 Establishment of Municipal Appeal Tribunal

133 Institutional requirements for establishment of Municipal Appeal Tribunal

134 Composition, term of office and code of conduct of Municipal Appeal Tribunal

135 Disqualification from membership of Municipal Appeal Tribunal

136 Termination of membership of Municipal Appeal Tribunal

137 Status of decision of joint Municipal Appeal Tribunal

PART B: MANAGEMENT OF AN APPEAL AUTHORITY

138 Presiding officer of appeal authority

139 Bias and disclosure of interest

140 Registrar of appeal authority

141 Powers and duties of registrar

PART C: APPEAL PROCESS

142 Commencing of appeal

143 Notice of appeal

144 Notice to oppose an appeal

145 Screening of appeal

PART D: PARTIES TO AN APPEAL

146 Parties to appeal

147 Intervention by interested person

PART E: JURISDICTION OF APPEAL AUTHORITY

148 Jurisdiction of appeal authority

149 Written or oral appeal hearing by appeal authority

150 Representation before appeal authority

151 Opportunity to make submissions concerning evidence

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6 No.   PROVINCIAL GAZETTE, 22 APRIL 2016

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PART F: HEARINGS OF APPEAL AUTHORITY

152 Notification of date, time and place of hearing

153 Hearing date

154 Adjournment

155 Urgency and condonation

156 Withdrawal of appeal

PART G: ORAL HEARING PROCEDURE       

 

157 Location of oral hearing

158 Presentation of each party’s case

159 Witnesses

160 Proceeding in absence of party

161 Recording

162 Oaths

163 Additional documentation

PART H: WRITTEN HEARING PROCEDURE              

 

164 Commencement of written hearing

165 Presentation of each party’s case in written hearing

166 Extension of time

167 Adjudication of written submissions

PART I: DECISION OF APPEAL AUTHORITY

168 Further information or advice

169 Decision of appeal authority

170 Notification of decision

171 Directives to Municipality

PART J: GENERAL

172 Expenditure

CHAPTER 9

COMPLIANCE AND ENFORCEMENT

173 Enforcement

174 Offences and penalties

175 Service of compliance notice

176 Content of compliance notices

177 Objections to compliance notice

178 Failure to comply with compliance notice

179 Urgent matters

180 Subsequent application for authorisation of activity

181 Power of entry for enforcement purposes

182 Power and functions of authorised employee

183 Warrant of entry for enforcement purposes

184 Regard to decency and order

185 Court order

CHAPTER 10

TRANSITIONAL PROVISIONS

186 Transitional provisions

187 Determination of zoning

CHAPTER 11

GENERAL

188 Delegations

189 Repeal of by-laws

190 Fees payable

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191 Policy, procedure, determination, standard, requirement and guideline

192 Short title and commencement

Schedule 1:   Invitation to Nominate a Person to be Appointed as a Member to the (Chief Albert Luthuli,

Dipaleseng, Dr. Pixley Ka Isaka Seme, Mkhondo, Lekwa Or Msukaligwa) Municipal Planning

Tribunal

Schedule 2: Call for Nominations for Persons to be Appointed as Members to the (Chief Albert Luthuli,  Dipaleseng,

Dr. Pixley Ka Isaka Seme, Mkhondo, Lekwa Or Msukaligwa) Municipal Planning Tribunal

Schedule 3: Disclosure of Interest

Schedule 4: Code of Conduct of Members of the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka

Seme, Mkhondo, Lekwa Or Msukaligwa) Municipal Planning Tribunal

Schedule 5:   Owners’ Associations

Schedule 6:   Additional Documents Required for an Application for the Establishment of a Township or the Extension

of the Boundaries of a Township

Schedule 7:   Additional Documents Required for an Application for the Amendment of an Existing Scheme or Land

Use Scheme by the Rezoning of Land

Schedule 8:   Additional Documents Required for an Application for the Removal, Amendment or Suspension of a

Restrictive or Obsolete Condition, Servitude or Reservation Registered Against the Title of the Land

Schedule 9:   Additional Documents Required for an Application forthe Amendment or Cancellation in Whole or in Part

of a General Plan of a Township

Schedule 10:   Additional Documents Required for an Application for the Subdivision of any Land

Schedule 11:   Additional Documents Required for an Application for the Consolidation of any Land

Schedule 12:   Additional Documents Required for an Application for the Permanent Closure of a Public Place

Schedule 13:   Additional Documents Required for an Application for the Consent or Approval Required in terms of a

Condition of Title, aCondition of Establishment of a Township or Condition of an Existing Scheme or

Land Use Scheme

Schedule 14:   Additional Documents Required for an Application for Temporary Use

Schedule 15:   Code of Conduct for Members of the Municipal Appeal Tribunal

CHAPTER 1

DEFINITIONS, APPLICABLITY AND CONFLICT OF LAWS

1 Definitions

In thisBy-Law, unless the context indicates otherwise, a word or expression defined in the Act, the Regulationsor provincial

legislation has the same meaning as in thisBy-law and -“Act” means the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013);

“appeal authority” means the executive authority of the municipality, the Municipal Appeal Tribunal established in

terms of Part A of Chapter 8 or any other body or institution outside of the municipality authorised by that municipality to

assume the obligations of an appeal authority for purposes of appeals lodged in terms of the Act;

“application” means a land development and land use application as contemplated in the Act;

“approved township” means a township declared an approved township in terms of section 64 of this By-law;

“By-Law” means this By-Law and includes the schedules attached hereto or referred to herein;

“communal land” means land under the jurisdiction of a traditional council determined in terms of section 6 of the

Mpumalanga Traditional Leadership and Governance Act, 2005 (Act No. 3 of 2005) and which was at any time vested in -(a) the government of the South African Development Trust established by section 4 of the Development Trust

and Land Act, 1936 (Act No. 18 of 1936); or

(b) the government of any area for which a legislative assembly was established in terms of the Self-Governing

Territories Constitution Act, 1971 (Act No. 21 of 1971);

“consent” means a land use right that may be obtained by way of consent from the municipality and is specified as

such in the land use scheme;

“consolidation” means the joining of two or more pieces of land into a single entity;

“Constitution” means the Constitution of the Republic of South Africa, 1996;

“Council” means the municipal council of the Municipality;

“diagram” means a diagram as defined in the Land Survey Act, 1997 (Act No. 8 of 1997);

“deeds registry” means a deeds registry as defined in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of

1937);

“file” means the lodgement of a document with the appeal authority of the municipality;

“land” means -

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8 No.   PROVINCIAL GAZETTE, 22 APRIL 2016

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(a) any erf, agricultural holding or farm portion, and includes any improvements or building on the land and any

real right in land; and

(b) the area of communal land to which a household holds an informal right recognized in terms of the

customary law applicable in the area where the land to which such right is held is situated and which right is

held with the consent of, and adversely to, the registered owner of the land;

“land development area” means an erf or the land which is delineated in an applicationsubmitted in terms of this Bylaw or any other legislation governing the change in land use and “land area” has a similar meaning;

“Land Development Officer” means the authorised official defined in regulation 1 of the Regulations;

“land use scheme” means the land use scheme adopted and approved in terms of Chapter 3of this By-law and for

the purpose of this By-law includes an existing scheme until such time as the existing scheme is replaced by the adopted

and approved land use scheme;

“local spatial development framework” means a local spatial development framework referred to in section 10;

“Member of the Executive Council” means the Member of the Executive Council responsible for local government in

the Province;

“municipal area” means the area of jurisdiction of the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka Seme,

Mkhondo, Lekwa Or Msukaligwa) in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of

1998);

“Municipal Manager” means the person appointed as the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka

Seme, Mkhondo, Lekwa Or Msukaligwa) Municipal Manager in terms of appointed in terms of section54A of the Municipal

Systems Act and includes any person acting in that position or to whom authority has been delegated;

“Municipal Planning Tribunal” means the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka Seme, Mkhondo,

Lekwa Or Msukaligwa) Municipal Planning Tribunal established in terms of section 33;

“Municipality” means the Municipality of (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka Seme, Mkhondo,

Lekwa Or Msukaligwa) or its successor in title as envisaged in section 155(1) of the Constitution, established in terms of

the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) and for the purposes of this By-law includes a

municipal department, the Council, the Municipal Manager or an employee or official acting in terms of a delegation issued

under section 59 of the Municipal Systems Act;

“objector” means a person who has lodged an objection with the Municipality to a draft municipal spatial development

framework, draft land use scheme or an application;

“overlay zone” means a mapped overlay superimposed on one or more established zoning areas which may be used

to impose supplemental restrictions on uses in these areas or permit uses otherwise disallowed;

“Premier” means the Premier of the Province of Mpumalanga;

“previous planning legislation” means  any planning legislation that is repealed by the Act or the provincial

legislation;

“provincial legislation” means legislation contemplated in section 10 of the Act promulgated by the Province;

“Province” means the Province of Mpumalanga referred to in section 103 of the Constitution;

“Regulations”means the Spatial Planning and Land Use Management Regulations: Land Use Management and

General Matters, 2015;

“service provider” means a person lawfully appointed by a municipality or other organ of state to carry out, manage

or implement any service, work or function on behalf of or by the direction of such municipality or organ of state;

“spatial development framework” means the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka Seme, Mkhondo,

Lekwa Or Msukaligwa) Spatial Development Framework;

“subdivision” means the division of a piece of land into two or more portions;

“the Act” means the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013), Spatial Planning

and Land Use Management Regulations: Land Use Management and General Matters, 2015 and any subsidiary

legislation or other legal instruments issued in terms thereof;

“township register” means an approved subdivision register of a township in terms of the Deeds Registries Act; and

“traditional communities” means communities recognised in terms of section 3 of the Mpumalanga Traditional

Leadership and Governance Act, 2005.

2 Application of By-law

(1) This By-law applies to all land within the municipal area of the Municipality, including land owned by the state.

(2) This By-law binds every owner and their successor-in-title and every user of land, including the state. 

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3 Conflict of laws

(1) ThisBy-law is subject to the relevant provisions of the Act and the provincial legislation.

(2) When considering an apparent conflict between this By-law and another law, a court must prefer any

reasonable interpretation that avoids a conflict over any alternative interpretation that results in a conflict.

(3) Where a provision of this By-lawis in conflict with a provision of the Act or provincial legislation,  the

Municipality must institute the conflict resolution measures provided for in the Act or in provincial legislation, or in the

absence of such measures, the measures provided for in the Intergovernmental Relations Framework Act, 2005 (Act

No.13 of 2005); to resolve the conflict and until such time as the conflict is resolved, the provisions of this By-law prevails.

(4) Where a provision of the land use scheme is in conflict with the provisions of this By-law, the provisions of this

By-law prevails.

(5) Where there is a conflict between this By-law and another By-law of the Municipality, this By-Law prevails

over the affected provision of the other By-law in respect of any municipal planning matter.

CHAPTER 2

MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK

4 Municipal spatial development framework

(1) The Municipality must draft a municipal spatial development framework in accordance with the provisions

ofsections 20 and 21 of the Act read with sections 23 to 35 of the Municipal Systems Act.

(2) The municipal spatial development framework does not confer or take away land use rights but guides and

informs decisions to be made by the Municipality relating to land development.

(3) The provisions of this Chapter apply, with the necessary change, to the review or amendment of a municipal

spatial development framework.

5 Contents of municipal spatial development framework

(1) The municipal spatial development framework must provide for the matters contemplated in section 21 of the

Act, section 26 of the Municipal Systems Act and provincial legislation, if any, and the Municipality may for purposes of

reaching its constitutional objectives include any matter which it may deem necessary for municipal planning.

(2) Over and above the matters required in terms of subsection (1), the Municipality may determine any further

plans, policies and instruments by virtue of which the municipal spatial development framework must be applied,

interpreted and implemented.

(3) The municipal spatial development framework must  contain transitional arrangements with regard to the

manner in which the municipal spatial development framework is to be implemented by the Municipality.

6 Intention to prepare, amend or review municipal spatial development framework

The Municipality which intends to prepare, amend or review its municipal spatial development framework -

(a) may convene an intergovernmental steering committee and must convene a project committee in

accordance with section 7;

(b) must publish a notice in two official languages determined by the Council, having regard to language

preferences and usage within its municipal area, as contemplated in section 21 of the Municipal

Systems Act, of its intention to prepare, amend or review the municipal spatial development framework

and the process to be followed in accordance with section 28(3) of the Municipal Systems Act in two

newspapers that is circulated in the municipal area;

(c) must inform the Member of the Executive Council in writing of  its intention to prepare, amend or

review the municipal spatial development framework;

(d) mustregister relevant stakeholders who must be invited to comment on the draft municipal spatial

development framework or draft amendment of the municipal spatial development framework as part

of the process to be followed.

7 Institutional framework for preparation, amendment or review of municipal spatial development framework

(1) The purpose of the intergovernmental steering committee contemplated in section 6(a) is to co-ordinate the

applicable contributions into the municipal spatial development framework and to-

(a) provide technical knowledge and expertise;

(b) provide input on outstanding information that is required to draft the municipal spatial development

framework or an amendment or review thereof;

(c) communicate any current or planned projects that have an impact on the municipal area;

(d) provide information on the locality of projects and budgetary allocations; and

(e) provide written comment to the project committee at each of various phases of the process. 

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(2) The Municipality must, before commencement of the preparation, amendment or review of the municipal

spatial development framework, in writing, invite nominations for representatives to serve on the intergovernmental

steering committee from—

(a) departments in the national, provincial and local sphere of government, other organs of state,

community representatives, engineering services providers, traditional councils; and

(b) any other body or person that may assist in providing information and technical advice on the content

of the municipal spatial development framework.

(3) The purpose of the project committee contemplated in section 6(a) is to –

(a) prepare, amend or review the municipal spatial development framework for adoption by the Council;

(b) provide technical knowledge and expertise;

(c) monitor progress and ensure that the drafting municipal spatial development framework or amendment

of the municipal spatial development framework is progressing according to the approved process

plan;

(d) guide the public participation process, including ensuring that the registered key public sector

stakeholders remain informed;

(e) ensure alignment of the municipal spatial development framework with the development plans and

strategies of other affected municipalities and organs of state as contemplated in section 24(1) of the

Municipal Systems Act;

(f) facilitate the integration of other sector plans into the municipal spatial development framework;

(g) oversee the incorporation of amendments to the draft municipal spatial development framework or

draft amendment or review of the municipal spatial development framework to address comments

obtained during the process of drafting thereof;

(i) if the Municipality decides to establish an intergovernmental steering committee—

(i) assist the Municipality in ensuring that the intergovernmental steering committee is established

and that timeframes are adhered to; and

(ii)   ensure the flow of information between the project committee and the intergovernmental

steering committee.

(4) The project committee must consist of –

(a) the Municipal Manager; and

(b) employees in the full-time service of the Municipality designated by the Municipality.

8 Preparation, amendment or review of municipal spatial development framework

(1) The project committee must compile a status quo document setting out an assessment of existing levels of

development and development challenges in the municipal area and must submit it to the intergovernmental steering

committee for comment.

(2)  After consideration of the comments of the intergovernmental steering committee, the project committee must

finalise the status quo document and submit it to the Council for adoption.

(3) The project committee must prepare a first draft of the municipal spatial development framework or first draft

amendment or review of the municipal spatial development framework and must submit it to the intergovernmental

steering committee for comment.

(4) After consideration of the comments of the intergovernmental steering committee, the project committee must

finalise the first draft of the municipal spatial development framework or first draft amendment or review of the municipal

spatial development framework and submit it to the Council, together with the report referred to in subsection (5), to

approve the publication of a notice referred to in section9(4) that the draft municipal spatial development framework or an

amendment or review thereof is available for public comment.

(5) The project committee must submit a written report as contemplated in subsection (4) which must at least —

(a) indicate the rationale in the approach to the drafting of the municipal spatial development framework;

(b) summarise the process of drafting the municipal spatial development framework;

(c) summarise the consultation process to be followed with reference to section9 of this By-law;

(d) indicate the involvement of the intergovernmental steering committee, if convened by the Municipality;

(e) indicate the departments that were engaged in the drafting of the municipal spatial development

framework;

(f) indicatethe alignment with the national and provincial spatial development frameworks; 

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(g) indicate all sector plans that may have an impact on the municipal spatial development framework;

(h) indicate how the municipal spatial development framework complies with the requirements of relevant

national and provincial legislation, and relevant provisions of strategies adopted by the Council; and

(i) recommend the adoption of the municipal spatial development framework for public participation as the

draft municipal spatial development framework for the Municipality, in terms of the relevant legislation

and this By-law.

(6) After consideration of the comments and representations, as a result of the publication contemplated in

subsection (4), the project committee must compile a final municipal spatial development framework or final amendment or

review of the municipal spatial development framework and must submit it to the intergovernmental steering committee for

comment.

(7) After consideration of the comments of the intergovernmental steering committee, the project committee must

finalise the final municipal spatial development framework or final amendment or review of the municipal spatial

development frameworkand submit it to the Council for adoption.

(8) If the final municipal spatial development framework or final amendment or review of the municipal spatial

development framework, as contemplated in subsection (6), is materially different to what was published in terms of

subsection (4), the Municipality must follow a further consultation and public participation process before it is adopted by

the Council.

(9) The Council must adopt the final municipal spatial development framework or final amendment or review of

the municipal spatial development framework, with or without amendments, and must within 21 days of its decision –

(a) give notice of its adoption in the media and the Provincial Gazette; and

(b) submit a copy of the municipal spatial development framework to the Member of the Executive

Council.

(10) The municipal spatial development framework or an amendment thereof comes into operation on the date of

publication of the notice contemplated in subsection9.

(11) If no intergovernmental steering committee is convened by the Municipality, the project committee submits the

draft and final municipal spatial development framework or amendment or review thereof directly to the Council.

9 Public participation

(1) Public participation undertaken by the Municipality must contain and comply with all the essential elements of

any notices to be placed in terms of the Act or the Municipal Systems Act.

(2) In addition to the publication of notices in the Provincial Gazette and a newspaper that is circulated in the

municipal area, the Municipality may, subject to section 21A of the Municipal Systems Act, use any other method of

communication it may deem appropriate.

(3) The Municipality may for purposes of public engagement on the content of the draft municipal spatial

development framework arrange –

(a) aconsultative session with traditional councils and traditional communities;

(b) aspecific consultation with professional bodies, ward communities or other groups; and

(c) apublic meeting.

(4) The notice contemplated in section8(4) must specifically state that any person or body wishing to provide

comments must-

(a) do so within a period of 60 days from the first day of publication of the notice;

(b) provide written comments; and

(c) provide their contact details as specified in the definition of contact details.

10 Local spatial development framework

(1) The Municipality may adopt a local spatial development framework for a specific geographical area of a

portion of the municipal area.

(2) The purpose of a local spatial development framework is to:

(a) provide detailed spatial planning guidelines or further plans for a specific geographic area or parts of

specific geographical areas and may include precinct plans;

(b) provide more detail in respect of a proposal provided for in the municipal spatial development

framework or necessary to give effect to the municipal spatial development framework and or its

integrated development plan and other relevant sector plans;

(c) address specific land use planning needs of a specified geographic area;

(d) provide detailed policy and development parameters for land use planning; 

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(e) provide detailed priorities in relation to land use planning and, in so far as they are linked to land use

planning, biodiversity and environmental issues;

(f) guide decision making on land development applications;

(g) or any other relevant provision that will give effect to its duty to manage municipal planning in the

context of its constitutional obligations.

11 Compilation, amendment or review of local spatial development framework

(1) If the Municipality prepares,amends or reviews a local spatial development framework, it must draft and

approve a process plan, including public participation processes to be followed for the compilation, amendment, review or

adoption of a local spatial development framework.

(2) The municipality must, within 21 days of adopting a local spatial development framework or an amendment of

local spatial development framework, publish a notice of the decision in the media and the Provincial Gazette and submit a

copy of the local spatial development framework to the Member of the Executive Council.

12 Effect of local spatial development framework

(1) A local spatial development framework or an amendment thereof comes into operation on the date of

publication of the notice contemplated in section 8(9).

(2) A local spatial development framework guides and informs decisions made by the Municipality relating to land

development, but it does not confer or take away rights.

13 Record of and access to municipal spatial development framework

(1) The Municipality must keep, maintain and make accessible to the public, including on the Municipality’s

website, the approved municipal or local spatial development framework and or any component thereof applicable within

the jurisdiction of the Municipality.

(2) Should anybody or person request a copy of the municipal or local spatial development framework the

Municipality must provide on payment by such body or person of the fee approved by the Council, a copy to them of the

approved municipal spatial development framework or any component thereof.

14 Departurefrom municipal spatial development framework

(1) For purposes of section 22(2) of the Act, site specific circumstances include –

(a) adeparture that does not materially change the desired outcomes and objectives of a municipal spatial

development framework and local spatial development framework, if applicable;

(b) the site  does not permit the development applied for in accordance with the  municipal spatial

development framework; or

(c) a unique circumstance pertaining to a discovery of national or provincial importancethat results in an

obligation in terms of any applicable legislation to protect or conserve such discovery.

(2) If the effect of an approval of an application will be a material change of the municipal spatial development

framework, the Municipality may amend the municipal spatial development framework in terms of the provisions of this

Chapter, and must approve the amended spatial development framework prior to the Municipal Planning Tribunal taking a

decision which would constitute a departure from the municipal spatial development framework.

(3) The timeframe for taking a decision on any application that cannot be decided by the Municipal Planning

Tribunal before an amendment of the municipal spatial development framework is approved by the Municipality is

suspended until such time as the municipal spatial development framework is approved by the Municipality.

(4) For purposes of this section, “site” means a spatially defined area that is impacted by the decision, including

neighbouring land.

CHAPTER 3

LAND USE SCHEME

15 Land use scheme

(1) Sections 24 to 28 of the Act apply to any land use scheme prepared and adopted by the Municipality.

(2) The provisions of this Chapter apply, with the necessary change, to the review and amendment of the land

use scheme contemplated in sections 27 and28 of the Act.

16 Purpose of land use scheme

In addition to the purposes of a land use scheme stipulated in section 25(1) of the Act, the Municipality must

determine the use and development of land within the municipal area to which it relates in order to promote -(a) harmonious and compatible land use patterns;

(b) aesthetic considerations;

(c) sustainable development and densification;

(d) the accommodation of cultural customs and practices of traditional communities in land use

management; and

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(e) a healthy environment that is not harmful to a person’s health.

17 General matters pertaining to land use scheme

(1) In order to comply with section 24(1) of the Act, the Municipality must -

(a) prepare a draft land use scheme as contemplated in section 18;

(b) create the institutional framework as contemplated in section 19;

(c) obtain Council approval for publication of the draft land use scheme as contemplated in section20;

(d) embark on the necessary public participation process as contemplated in section21;

(e) incorporate relevant comments received during the public participation process as contemplated in

section 22;

(f) prepare the land use scheme as contemplated in section 23;

(g) submit the land use scheme to the Council for approval and adoption as contemplated in section 24;

(h) publish a notice of the adoption and approval of the land use scheme in the Provincial Gazette as

contemplated in section 25; and

(i) submit the land use scheme to the Member of the Executive Council as contemplated in section 26.

(2) The Municipality may, on its own initiative or on application, create an overlay zone for land situated within the

municipal area.

(3) Zoning may be made applicable to a land unit or part thereof and must follow cadastral boundaries except for

a land unit or part thereof which has not been surveyed, in which case a reference or description as generally approved by

Council may be used.

(4) The land use schemeof the Municipality must take into consideration:

(a) the Integrated Development Plan in terms of the Municipal Systems Act;

(b) the Spatial Development Framework as contemplated in Chapter 4 of the Act and Chapter 2 of this Bylaw,

(c) provincial legislation, and

(d) an existing town planning scheme.

18 Preparation of draft land use scheme

The Municipality which intends to prepare, review or amend its land use scheme -

(a) may convene an intergovernmental steering committee and must convene a project committee in

accordance with section 19;

(b) must publish a notice in two local newspapers that is circulated in the municipal area of the

municipality in two official languages determined by the Council, having regard to the language

preferences and usage within its municipal area, as contemplated in section 21 of the Municipal

Systems of its intention to prepare, review or amend the land use scheme;

(c) must inform the Member of the Executive Council in writing of its intention to prepare, review or amend

the land use scheme;

(d) must register relevant stakeholders who must be invited to comment on the draft land use scheme or

draft review or amendment of the municipal spatial development framework as part of the process to

be followed;

(e) mustdetermine the form and content of the land use scheme;

(f) mustdetermine the scale of the land use scheme;

(g) mustdetermine any other relevant issue that will impact on the preparationand final adoption of the

land use scheme which will allow for it to be interpreted and or implemented; and

(h) must confirm the manner in which the land use schememust inter alia set out the general provisions for

land uses applicable to all land, categories of land use, zoning maps, restrictions, prohibitions and or

any other provision that may be relevant to the management of land use, which may or must not

require a consent or permission from the Municipality for purposes of the use of land.

19 Institutional framework for preparation, review or amendment of land use scheme

(1) The purpose of the intergovernmental steering committee contemplated in section 18(a) is to co-ordinate the

applicable contributions into the land use scheme and to-

(a) provide technical knowledge and expertise; 

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(b) provide input on outstanding information that is required to draft the land use scheme or an review or

amendment thereof;

(c) communicate any current or planned projects that have an impact on the municipal area;

(d) provide information on the locality of projects and budgetary allocations; and

(e) provide written comment to the project committee at each of various phases of the process.

(2) The Municipality must, before commencement of the preparation, review or amendment of the land use

scheme, in writing, invite nominations for representatives to serve on the intergovernmental steering committee from—

(a) departments in the national, provincial and local sphere of government, other organs of state,

community representatives, engineering services providers, traditional councils; and

(b) any other body or person that may assist in providing information and technical advice on the content

of the land use scheme.

(3) The purpose of the project committee contemplated in section 18(a) is to –

(a) prepare, review or amend the land use scheme for adoption by the Council;

(b) provide technical knowledge and expertise;

(c) monitor progress and ensure that the development of the land use scheme or review or amendment

thereof is progressing according to the approved project plan;

(d) guide the public participation process, including ensuring that the registered key public sector

stakeholders remain informed;

(e) ensure alignment of the  land use scheme with the  municipal spatial development framework,

development plans and strategies of other affected municipalities and organs of state;

(f) oversee the incorporation of amendments to the draft land use scheme or draft review or amendment

of the land use scheme to address comments obtained during the process of drafting thereof;

(g) if the Municipality decides to establish an intergovernmental steering committee—

(i) assist the Municipality in ensuring that the intergovernmental steering committee is established

and that timeframes are adhered to; and

(ii)   ensure the flow of information between the project committee and the intergovernmental

steering committee.

(4) The project committee must consist of –

(a) the Municipal Manager; and

(b) employeesin the full-time service of the Municipality and designated by the Municipality.

20 Council approval for publication of draft land use scheme

(1) Upon completion of the draft land use scheme, the project committee must submit it to the Council for

approval as the draft land use scheme.

(2) The submission of the draft land use scheme to the Council must be accompanied by a written report from the

project committee and the report must at least –

(a) indicate the rationale in the approach to the drafting of the land use scheme;

(b) summarise the process of drafting the draft land use scheme;

(c) summarise the consultation process to be followed with reference to section 21 of this By-law;

(d) indicate the departments that were engaged in the drafting of the draft land use scheme;

(e) indicate how the draft land use scheme complies with the requirements of relevant national and

provincial legislation, and relevant mechanism controlling and managing land use rights by the

Council;

(f) recommend the approval of the draft land use scheme for public participation in terms of the relevant

legislation and this By-law.

(3) An approval by the Council of the draft land use schemeand the public participation thereof must be given and

undertaken in terms of this By-law and the Act.

(4) The Municipality must provide the Member of the Executive Council with a copy of the draft land use scheme

after it has been approved by the Council as contemplated in this section.

21 Public participation

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(1) The public participation process must contain and comply with all the essential elements of any notices to be

placed in terms of this By-law and in the event of an amendment of the land use scheme, the matters contemplated in

section 28 of the Act.

(2) Without detracting from the provisions of subsection (1) above the Municipality must -(a)  publish a notice in the Provincial Gazette;

(b) publish a notice in two local newspapers that is circulated in the municipal area of the municipality in

two official languages determined by the Council, having regard to the language preferences and

usage within its municipal area, as contemplated in section 21 of the Municipal Systems Act, once a

week for two consecutive weeks; and

(c) enable traditional communities to participate through the appropriate mechanisms, processes and

procedures established in terms of Chapter 4 of the Municipal Systems Act;

(d) use any other method of communication it may deem appropriate and the notice contemplated in

subparagraph (b) must specifically state that any person or body wishing to provide comments and or

objections must:

(i) do so within a period of 60 days from the first day of publication of the notice;

(ii) provide written comments in the form approved by Council; and

(iii) provide their contact details as specified in thenotice.

(3) The Municipality may for purposes of public engagement arrange –

(a) aconsultative session with traditional councils and traditional communities;

(b) a specific consultation with professional bodies, ward communities or other groups; and

(c) apublic meeting.

22 Incorporation of relevant comments

(1) Within 60 days after completion of the public participation process outlined in section21 the project committee

must –

(a) review and consider all submissions made in writing or during any engagements; and

(b) prepare a report including all information they deem relevant, on the submissions made; provided that:

(i) for purposes of reviewing and considering all submissions made, the Municipal Manager may

elect to hear the submission through an oral hearing process;

(ii) all persons and or bodies that made submissions must be notified of the time, date and place of

the hearing as may be determined by the Municipality not less than 30 days prior to the date

determined for the hearing, by electronic means or registered post;

(iii) for purposes of the consideration of the submissions made on the land use scheme the

Municipality may at any time prior to the submission of the land use scheme to the Council,

request further information or elaboration on the submissions made from any person or body.

(2) The project committee must for purposes of proper consideration provide comments on the submissions

made which comments must form part of the documentation to be submitted to the Council as contemplated in

subsection(1)(b).

23 Preparation of land use scheme

The project committee must, where required and based on the submissions made during public participation, make

final amendments to the draft land use scheme, provided that; if such amendments are in the opinion of the Municipality

materially different to what was published in terms of section21(2), the Municipality must follow a further consultation and

public participation process in terms of section21(2) of this By-law, before the land use scheme is adopted by the Council.

24 Submission of land use scheme to Council for approval and adoption

(1) The project committeemust -(a)  within 60 days from the closing date for objections contemplated in section21(2)(d)(i), or

(b) if a further consultation and public participation process is followed as contemplated in section23,

within 60 days from the closing date of such further objections permitted in terms of section 23 read

with section21(2)(d)(i),

submit the proposed land use scheme and all relevant supporting documentation to the Council with a

recommendation for adoption.

(2) The Council must consider and adopt the land use scheme with or without amendments.

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25 Publication of notice of adoption and approval of land use scheme

(1) The Council must, within 60 days of its adoption of the land use scheme referred to in section24(2),publish

notice of the adoption in the media and the Provincial Gazette.

(2) The date of publication of the notice referred to in subsection (1), in the Provincial Gazette, is the date of

coming into operation of the land use scheme unless the notice indicates a different date of coming into operation.

26 Submission to Member of Executive Council

After the land use scheme is published in terms of section 25 the Municipality must submit the approved land use

scheme to the Member of the Executive Council for cognisance.

27 Records

(1) The Municipality mustin hard copy or electronic formatkeep record in the register of amendments to the land

use scheme contemplated in section29of the land use rights in relation to each erf or portion of land and which information

is regarded as part of its land use scheme.

(2) The Municipality must keep, maintain and make accessible to the public, including on the Municipality’s

website, the approved land use scheme and or any component thereof applicable within the municipal area of the

Municipality.

(3) Should anybody or person request a copy of the approved land use scheme, or any component thereof, the

Municipality must provide on payment by such body or person of the fee approved by the Council, a copy to them of the

approved land use scheme or any component thereofin accordance with the provisions of its Promotion of Access to

Information By-Law or policy, if applicable.

28 Contents of land use scheme

(1) The contents of a land use scheme developed and prepared by the Municipality must include all the essential

elements contemplated in Chapter 5 of the Act and provincial legislation and must contain –

(a) a zoning for all land within the municipal area in accordance with a category of zoning as approved by

Council;

(b) land use regulations including specific conditions, limitations, provisions or prohibitions relating to the

exercising of any land use rights or zoning approved on a property in terms of the approved land use

scheme or any amendment scheme, consent, permission or conditions of approval of an application on

a property;

(c) provisions for public participation that may be required for purposes of any consent, permission or

relaxation in terms of an approved land use scheme;

(d) provisions relating to the provision of engineering services, which provisions must specifically state

that land use rights may only be exercised if engineering services can be provided to the property to

the satisfaction of the Municipality;

(e) servitudes for municipal services and access arrangements for all properties;

(f) provisions applicable to all properties relating to storm water;

(g) provisions for the construction and maintenance of engineering services including but not limited to

bodies established through the approval of land development applications to undertake such

construction and maintenance;

(h) zoning maps as approved by Councilthatdepicts the zoning of every property in the municipal area as

updated from time to time in line with the land use rights approved or granted; and

(i) transitional arrangements with regard to the manner in which the land use scheme is to be

implemented.

(2) The land use scheme may –

(a) determine the components of the land use scheme for purposes of it being applied, interpreted and

implemented; and

(b) include any matter which it deems necessary for municipal planning in terms of the constitutional

powers, functions and duties of a municipality.

29 Register of amendments to land use scheme

The Municipality must keep and maintain aland use scheme register in a hard copy or electronic format as approved

by the Council and it must contain the following but is not limited to:

(a) Date of application;

(b) name and contact details of applicant;

(c) type of application;

(d) propertydescription and registration division;

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(e) previous and approvedzoning and existing land use;

(f) a copy of the approved site development plan referred to in section 53;

(g) amendment scheme number;

(h)   annexurenumber;

(i) itemnumber;

(j) itemdate;

(k)   decision (approved/on appeal/not approved);

(l) decisiondate.

30 Consolidation of amendment of land use scheme

(1) The Municipality may of its own accord in order to consolidate an amendment of a land use scheme or map,

annexure or schedule of the approved land use scheme, of more than one portion of land, prepare a certified copy of

documentation as the Municipality may require, for purposes of consolidating the said amendment scheme, which

consolidated amendment scheme is in operation from the date of the signing thereof provided that:

(a)   such consolidation must not take away any land use rights granted in terms of an approved land use

scheme, for purposes of implementation of the land use rights;

(b) afterthe Municipality has signed and certified a consolidation amendment scheme, it must publish it in

the Provincial Gazette.

(2) Where as a result of repealed legislation, the demarcation of municipal boundaries or defunct processes it is

necessary in the opinion of the Municipality for certain areas where land use rights are governed through a process, other

than a land use scheme; the Municipality may for purposes of including such land use rights into a land use scheme

prepare an amendment scheme and incorporate it into the land use scheme.

(3) The provisions of sections 15 to 29apply, with the necessary changes, to the review or amendment of an

existing land use scheme.

CHAPTER 4

INSTITUTIONAL STRUCTURE FOR LAND USE MANAGEMENT DECISIONS

Part A: Division of Functions

31 Categories of applications for purposes of section 35(3) of Act

(1) The Council must, by resolution, categorise applications to be considered by the Land Development Officer

and applications to be referred to the Municipal Planning Tribunal.

(2) When categorising applications contemplated in subsection (1), the Council must take cognisance of the

aspects referred to in regulation 15(2) of the Regulations.

(3) If the Council does not categorise applications contemplated in subsection (1), regulation 15(1) of the

Regulations apply.

Part B: Land Development Officer

32 Designation and functions of Land Development Officer

(1) The Municipality must, in writing,determine that the incumbent of a particular post on the Municipality’s post

establishment is the Land Development Officer of the Municipality.

(2) The Land Development Officer must:

(a) assist the Municipality in the management of applications submitted to the Municipality;

(b) consider and determine categories of applications contemplated in section 31(1).

(3) The Land Development Officer may refer any application that he or she may decide in terms of section 31, to

the Municipal Planning Tribunal.

Part C: Establishment of Municipal Planning Tribunal for Local Municipal Area

33 Establishment of Municipal Planning Tribunal for local municipal area

Subject to the provisions of Part D and E of this Chapter, the Municipal Planning Tribunal is hereby established for

the municipal area in compliance with section 35 of the Act.

34 Composition of Municipal Planning Tribunal for local municipal area

(1) The Municipal Planning Tribunal consists of between 5 and 16 members of whichthree members must be in

the full-time service of the Municipality and the remaining members must be appointed from the following:

(a) a person who isregistered as a professional planner with the South African Council for the Planning

Profession in terms of the Planning Profession Act, 2002 (Act No. 36 of 2002);

(b) a person who is  registered as a professional with the Engineering Council of South Africa in terms of

the Engineering Profession Act, 2000 (Act No. 46 of 2000);

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(c) a person with financial experience relevant to land development and land use and who is registered

with a recognised voluntary association or registered in terms of the Auditing Profession Act, 2005 (Act

No. 26 of 2005);

(d) a person who is either admitted as an attorney in terms of the Attorneys Act, 1979 (Act No. 53 of 1979)

or admitted as advocate of the Supreme Court in terms of the Admission of Advocates Act, 1964 (Act

No. 74 of 1964);

(e) a person who is registered as a professional land surveyor in terms of the Professional and Technical

Surveyors' Act, 1984 (Act No. 40 of 1984), or a geomatics professional in the branch of land surveying

in terms of the Geomatics Profession Act, 2013 (Act No. 19 of 2013);

(f) a person who is registered as an environmental assessment practitioner with a relevant professional

body; and

(g) any other person who has knowledge and experience of spatial planning, land use management and

land development or the law related thereto.

(2) The persons in the full-time service of the Municipality referred to in subsection (1)must have at least three

years’ experience in the field in which they are performing their services.

(3) The persons referred to in subsection (1)(a) to (g) must –

(a) demonstrate knowledge of spatial planning, land use management and land development of the law

related thereto;

(b) have at least five years’ practical experience in the discipline within which they are registered or in the

case of a person referred to in subsection (1)(g) in the discipline in which he or she is practising;

(c) demonstrate leadership in his or her profession or vocation or in community organisations.

35 Nomination procedure

(1) The Municipality must -(a)  in the case of the first appointment of members to the Municipal Planning Tribunal, invite and call for

nominations as contemplated in Part B of Chapter 2 of the Regulations as soon as possible after the

approval of the Regulations by the Minister; and

(b) in the case of the subsequent appointment of members to the Municipal Planning Tribunal, 90 days

before the expiry of the term of office of the members serving on the Municipal Planning Tribunal,

invite and call for nominations as contemplated in Part B of the Regulations.

(2) The invitation to the organs of state and non-governmental organisations contemplated in regulation 3(2)(a) of

the Regulations must be addressed to the organs of state and non-governmental organisations and must be in the form

contemplated in Schedule 1 together with any other information deemed necessary by the Municipality.

(3) The call for nominations to persons in their individual capacity contemplated in regulation 3(2)(b) of the

Regulations must be in the form contemplated in Schedule 2 and–

(a) must be published in one local newspaper that is circulated in the municipal area of the Municipality in

two official languages determined by the Council, having regard to language preferences and usage

within its municipal area, as contemplated in section 21 of the Municipal Systems Act;

(b) may be submitted to the various professional bodies which registers persons referred to in section

34(1) with a request to distribute the call for nominations to their members and to advertise it on their

respective websites;

(c) may advertise the call for nominations on the municipal website; and

(d) utilise any other method and media it deems necessary to advertise the call for nominations.

36 Submission of nomination

(1) The nomination must be in writing and be addressed to the Municipal Manager.

(2) The nomination must consist of –

(a) the completed declaration contained in the form contemplated in Schedule 2  and all pertinent

information must be provided within the space provided on the form;

(b) the completed declaration of interest form contemplated in Schedule 3;

(c) the motivation by the nominator contemplated in subsection (3)(a); and

(d) thesummarised curriculum vitae of the nominee contemplated in subsection (3)(b).

(3) In addition to the requirements for the call for nominations contemplated in regulation 3(6) of the Regulations,

the nomination must request –

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(a) a motivation by the nominator for the appointment of the nominee to the Municipal Planning Tribunal

which motivation must not be less than 50 words or more than 250 words; and

(b) asummarised curriculum vitae of the nominee not exceeding two A4 pages.

37 Initial screening of nomination by Municipality

(1) After the expiry date for nominations the Municipality must screen all of the nominations received by it to

determine whether the nominations comply with the provisions of section 35.

(2) The nominations that are incomplete or do not comply with the provisions of section 35 must be rejected by

the Municipality.

(3) Every nomination that is complete and that complies with the provisions of section 35 must be subjected to

verification by the Municipality.

(4) If, after the verification of the information by the Municipality, the nominee is ineligible for appointment due to

the fact that he or she –

(a) was not duly nominated;

(b) is disqualified from appointment as contemplated in section 38 of the Act;

(c) does not possess the knowledge or experience as required in terms of section 34(3); or

(d) is not registered with the professional councils or voluntary bodies contemplated in section 34(1), if

applicable,

the nomination must be rejected and must not be considered by the evaluation panel contemplated in section 38.

(5) Every nomination that has been verified by the Municipality and the nominee  found to be  eligible for

appointment to the Municipal Planning Tribunal,must be considered by the evaluation panel contemplated in section 38.

(6) The screening and verification process contained in this section must be completed within 30 days from the

expiry date for nominations.

38 Evaluation panel

(1) The evaluation panel contemplated in regulation 3(1)(g) read with regulation 3(11) of the Regulations,

consists of five officials in the employ of the Municipality appointed by the Municipal Manager.

(2) The evaluation panel must evaluate all nominations within 30 days of receipt of the verified nominations and

must submit a report with their recommendations to the Council for consideration.

39 Appointment of members to Municipal Planning Tribunal by Council

(1) Upon receipt of the report, the Council must consider the recommendations made by the evaluation panel and

thereafter appoint the members to the Municipal Planning Tribunal.

(2) After appointment of the members to the Municipal Planning Tribunal, the Council must designate a

chairperson from the officials referred to in section 34(1)and a deputy chairperson from the members so appointed.

(3) The Municipal Manager must, in writing, notify the members of their appointment to the Municipal Planning

Tribunal and, in addition, to the two members who are designated as chairperson and deputy chairperson, indicate that

they have been appointed as such.

(4) The Municipal Manager must, when he or she publishes the notice of the commencement date of the

operations of the first Municipal Planning Tribunal contemplated in section 44, publish the names of the members of the

Municipal Planning Tribunal and their term office in the same notice.

40 Term of office and conditions of service of members of Municipal Planning Tribunal for municipal area

(1) A member of the Municipal Planning Tribunal appointed in terms of this Chapter is appointed for a term of five

years, which is renewable once for a further period of five years.

(2) The office of a member becomes vacant if that member -(a)  is absent from two consecutive meetings of the Municipal Planning Tribunal without the leave of the

chairperson of the Municipal Planning Tribunal;

(b) tenders his or her resignation in writing to the chairperson of the Municipal Planning Tribunal;

(c) is removed from the Municipal Planning Tribunal under subsection (3); or

(d) dies.

(3) The Council may remove a member of the Municipal Planning Tribunal if -(a)  sufficient reasons exist for his or her removal;

(b) a member contravenes the code of conduct contemplated in Schedule 4;

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(c) a member becomes subject to a disqualification as contemplated in section 38(1) of the Act.

after giving the member an opportunity to be heard.

(4) A person in the full-time service of the Municipality contemplated in section34(1) who serves on the Municipal

Planning Tribunal –

(a) may only serve as member of the Municipal Planning Tribunal for as long as he or she is in the fulltime service of the municipality;

(b) is bound by the conditions of service determined in his or her contract of employment and is not

entitled to additional remuneration, allowances, leave or sick leave or any other employee benefit as a

result of his or her membership on the Municipal Planning Tribunal;

(c) who is found guilty of misconduct under the collective agreement applicable to employees of the

Municipality must immediately be disqualified from serving on the Municipal Planning Tribunal.

(5) A person appointed by the Municipality in terms of section 34(1)(a) to (g) to the Municipal Planning Tribunal -

(a) is not an employee on the staff establishment of the Municipality;

(b) if that person is an employee of an organ of state as contemplated in regulation 3(2)(a) of the

Regulations, is bound by the conditions of service determined in his or her contract of employment and

is not entitled to additional remuneration, allowances, leave or sick leave or any other employee

benefit as a result of his or her membership on the Municipal Planning Tribunal;

(c) performs the specific tasks allocated by the chairperson of the Municipal Planning Tribunal to him or

her for a decision hearing of the Municipal Planning Tribunal ;

(d) sits at such meetings of the Municipal Planning Tribunal that requires his or her relevant knowledge

and experience as determined by the chairperson of the Municipal Planning Tribunal;

(e) in the case of a person referred to in regulation 3(2)(b) of the Regulations is entitled to a seating and

travel allowance for each meeting of the Municipal Planning Tribunal that he or she sits on determined

annually by the municipality in accordance with the Act;

(f) is not entitled to paid overtime, annual leave, sick leave, maternity leave, family responsibility leave,

study leave, special leave, performance bonus, medical scheme contribution by municipality, pension,

motor vehicle or any other benefit which a municipal employee is entitled to.

(6) All members of the Municipal Planning Tribunal must sign the Code of Conduct contained in Schedule 4

before taking up a seat on the Municipal Planning Tribunal.

(7) All members serving on the Municipal Planning Tribunal must adhere to ethics adopted and applied by the

Municipality and must conduct themselves in a manner that will not bring the name of the Municipality into disrepute.

(8) The members of the Municipal Planning Tribunal, in the execution of their duties,must comply with the

provisions of the Act, provincial legislation, this By-law and the Promotion of Administrative Justice Act, 2000 (Act No. 3 of

2000).

41 Vacancy and increase of number of members of Municipal Planning Tribunal

(1) A vacancy on the Municipal Planning Tribunal must be filled by the Council in terms of section34.

(2) A member who is appointed by virtue of subsection (1) in a vacant seat holds office for the unexpired portion

of the period for which the member he or she replaces was appointed.

(3) The Municipality may, during an existing term of office of the Municipal Planning Tribunal and after a review of

the operations of the Municipal Planning Tribunal, increase the number of members appointed in terms of this Part and in

appointing such additional members, it must adhere to the provisions of sections 34 to 39.

(4) In appointing such additional members the Municipality must ensure that the total number of members of the

Municipal Planning Tribunal does not exceed 16 members as contemplated in section 34.

(5) A member who is appointed by virtue of subsection (3) holds office for the unexpired portion of the period that

the current members of the Municipal Planning Tribunal hold office.

42 Proceedings of Municipal Planning Tribunal for municipal area

(1) The Municipal Planning Tribunal must operate in accordance with the operational procedures determined by

the Municipality.

(2) A quorum for a meeting of the Municipal Planning Tribunal or its committees is a majority of the members

appointed for that decision meeting and present at that decision meeting.

(3) Decisions of the Municipal Planning Tribunal are taken by resolution of a majority of all the members present

at a meeting of Municipal Planning Tribunal, and in the event of an equality of votes on any matter, the person presiding at

the meeting in question will have a deciding vote in addition to his or her deliberative vote as a member of the Municipal

Planning Tribunal.

(4) Meetings of the Municipal Planning Tribunal must be held at the times and places determined by the

chairperson of the Municipal Planning Tribunal in accordance with the operational procedures of the Municipal Planning

Tribunal but meetings must be held at least once per month, if there are applications to consider.

(5) The chairperson may arrange multiple Municipal Planning Tribunal meetings on the same day constituted

from different members of the Municipal Planning Tribunal and must designate a presiding officer for each of the meetings.

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(6) If an employee of the Municipality makes a recommendation to the Municipal Planning Tribunal regarding an

application, that employee may not sit as a member of the Municipal Planning Tribunal while that application is being

considered and determined by the Municipal Planning Tribunal but such employee may serve as a technical adviser to the

Municipal Planning Tribunal.

43 Tribunal of record

(1) The Municipal Planning Tribunal is a Tribunal of record and must record all proceedings, but is not obliged to

provide the in -committee discussions to any member of the public or any person or body.

(2) The Municipality must make the record of the Municipal Planning Tribunal available to any person upon request

and payment of the fee approved by the Council and in accordance with the provisions of its Promotion of Access to

Information By-Law or policy, if applicable.

44 Commencement date of operations of Municipal Planning Tribunal for local municipal area

(1) The Municipal Manager must within 30 days of the first appointment of members to the Municipal Planning

Tribunal -

(a) obtain written confirmation from the Council that it is satisfied that the Municipal Planning Tribunal is in

a position to commence its operations; and

(b) after receipt of the confirmation referred to in paragraph (a) publish a notice in the Provincial Gazette

of the date that the Municipal Planning Tribunal will commence with its operation together with the

information contemplated in section 39(4).

(2) The Municipal Planning Tribunal may only commence its operations after publication of the notice

contemplated in subsection (1).

Part D: Establishment of Joint Municipal Planning Tribunal

45 Agreement to establish joint Municipal Planning Tribunal

(1) If the Municipality decides to establish a joint Municipal Planning Tribunal, it must, as soon as possible,

commence discussions with the other Municipalities that have indicated that they would be party to a joint Municipal

Planning Tribunal.

(2) The parties to the discussion contemplated in subsection (1) must, as soon as practicable, conclude an

agreement that complies with the requirements of the Act.

(3) The Municipality must, within 30 days after signing the agreement, publish the agreement as contemplated in

section 34(3) of the Act.

46 Composition of joint Municipal Planning Tribunal

(1) If ajoint Municipal Planning Tribunal is established it must consist of -

(a) at least one official of each participating municipality in the full-time service of the participating

municipalities; and

(b) personsreferred to in section 34(1)(a) to (g).

(2) No municipal councillor of a participating municipality may be appointed as a member of a joint Municipal

Planning Tribunal.

47 Status of decision of joint Municipal Planning Tribunal

A decision of a joint Municipal Planning Tribunal is binding on both the applicant and the Municipality in whose area

of jurisdiction the land relating to the application is located as if that decision was taken by a Municipal Planning Tribunal

for a local municipal area.

48 Applicability of Part C, F and G to joint Municipal Planning Tribunal

The provisions of Part C, Part F and G apply, with the necessary changes, to a joint Municipal Planning Tribunal.

Part E: Establishment of District Municipal Planning Tribunal

49 Agreement to establish district Municipal Planning Tribunal

(1) If requested by a district municipality , the Municipality decides to establish a district Municipal Planning

Tribunal, it must, as soon as possible, commence discussions with the other Municipalities in the district and conclude the

necessary agreement that complies with the requirements of the Act.

(2) The Municipality must, within 30 days after signing the agreement, publish the agreement as contemplated in

section 34(3) of the Act.

50 Composition of district Municipal Planning Tribunals

(1) A district Municipal Planning Tribunal must consist of -

(a) at least three officials of each participating municipality in the full-time service of the municipalities;

and

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(b) personsreferred to in section 34(1)(a) to (g).

(2) No municipal councillor of a participating municipality may be appointed as a member of a district

Municipal Planning Tribunal.

51 Status of decision of district Municipal Planning Tribunal

A decision of a district Municipal Planning Tribunal is binding on both the applicant and the Municipality in whose

area of jurisdiction the land relating to the application is located as if that decision was taken by a Municipal Planning

Tribunal for a local municipal area.

52 Applicability of Part C, F and G to district Municipal Planning Tribunal

The provisions of Part C, Part F and Part G apply, with the necessary changes, to a joint Municipal Planning

Tribunal.

Part F: Decisions of Municipal Planning Tribunal

53 General criteria for consideration and determination of application by Municipal Planning Tribunal or Land

Development Officer

(1) When the Municipal Planning Tribunal or Land Development Officer considers an application submitted in

terms of this By-Law, it, he or she must have regard to the following:

(a) the application submitted in terms of this By-law;

(b) the procedure followed in processing the application;

(c) the desirability of the proposed utilisation of land and any guidelines issued by the Member of the

Executive Council regarding proposed land uses;

(d) the comments in response to the notice of the application and the comments received from organs of

state and internal departments;

(e) the response by the applicant to the comments referred to in paragraph (d);

(f) investigations carried out in terms of other laws which are relevant to the consideration of the

application;

(g) a written assessment by a professional planner as defined in section 1 of the Planning Profession Act,

2002, in respect of land development applications to be considered and determined by the Municipal

Planning Tribunal;

(h) the integrated development plan and municipal spatial development framework;

(i) the applicable local spatial development frameworks adopted by the Municipality;

(j) the applicable structure plans;

(k) the applicable policies of the Municipality that guide decision-making;

(l) the provincial spatial development framework;

(m) where applicable, the regional spatial development framework;

(n) the policies, principles, planning and development norms and criteria set by national and provincial

government;

(o) the matters referred to in section 42 of the Act;

(p) the relevant provisions of the land use scheme.

(2)   The Municipality must approve a site development plan submitted to it for approval in terms of applicable

development parameters or conditions of approval contemplated in section 54 if the site development plan -(a) is consistent with the development rules of the zoning;

(b) is consistent with the development rules of the overlay zone;

(c) complies with the conditions of approval contemplated in section 54; and

(d) complies with this By-law.

(3) When a site development plan is required in terms of development parameters or conditions of approval

contemplated in section 54 -(a) theMunicipality must not approve a building plan if the site development plan has not been approved;

and

(b) theMunicipality must not approve a building plan that is inconsistent with the approved site

development plan.

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(4) The written assessment of a professional planner contemplated in subsection (1)(g) must include such

registered planner’s evaluation of the proposal confirming that the application complies withthe procedures required by this

By-law, the spatial development framework, the land use scheme; applicable policies and guidelines; or if the application

does not comply, state to what extent the application does not comply.

54 Conditions of approval

(1) When the Municipal Planning Tribunal or Land Development Officer approves an application subject to

conditions, the conditions must be reasonable conditions and must arise from the approval of the proposed utilisation of

land.

(2) Conditions imposed in accordance with subsection (1) may include conditions relating to—

(a) the provision of engineering services and infrastructure;

(b) the cession of land or the payment of money;

(c) the provision of land needed for public places or the payment of money in lieu of the provision of land

for that purpose;

(d) the extent of land to be ceded to the Municipality for the purpose of a public open space or road as

determined in accordance with a policy adopted by the Municipality;

(e) settlement restructuring;

(f) agricultural or heritage resource conservation;

(g) biodiversity conservation and management;

(h) the provision of housing with the assistance of a state subsidy, social facilities or social infrastructure;

(i) energy efficiency;

(j) requirements aimed at addressing climate change;

(k) the establishment of an owners’ association in respect of the approval of a subdivision;

(l) the provision of land needed by other organs of state;

(m) the endorsement in terms of section 31 of the Deeds Registries Act in respect of public places where

the ownership thereof vests in the municipality or the registration of public places in the name of the

municipality, and the transfer of ownership to the municipality of land needed for other public purposes;

(n) the implementation of a subdivision in phases;

(o) requirements of other organs of state;

(p) the submission of a construction management plan to manage the impact of a new building on the

surrounding properties or on the environment;

(q) agreements to be entered into in respect of certain conditions;

(r) the phasing of a development, including lapsing clauses relating to such phasing;

(s) the delimitation of development parameters or land uses that are set for a particular zoning;

(t) the setting of validity periods, if the Municipality determined a shorter validity period as contemplated in

this By-law;

(u) the setting of dates by which particular conditions must be met;

(v) the circumstances under which certain land uses will lapse;

(w) requirements relating to engineering services as contemplated in Chapter 7;

(x) requirements for an occasional use that must specifically include –

(i) parking and the number of ablution facilities required;

(ii) maximum duration or occurrence of the occasional use; and

(iii)         

   parameters relating to a consent use in terms of the land use scheme.

(3) If a Municipal Planning Tribunal or Land Development Officer imposes a condition contemplated in subsection

(2)(a), an engineering services agreement must be concluded between the Municipality and the owner of the land

concerned before the construction of infrastructure commences on the land.

(4) A condition contemplated in subsection (2)(b) may require only a proportional contribution to municipal public

expenditure according to the normal need therefor arising from the approval, as determined by the Municipality in

accordance with norms and standards, as may be prescribed.

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(5) Municipal public expenditure contemplated in subsection (4) includes but is not limited to municipal public

expenditure for municipal service infrastructure and amenities relating to—

(a) community facilities, including play equipment, street furniture, crèches, clinics, sports fields, indoor

sports facilities or community halls;

(b) conservation purposes;

(c) energy conservation;

(d) climate change; or

(e) engineering services.

(6) Except for land needed for public places or internal engineering services, any additional land required by the

municipality or other organs of state arising from an approved subdivision must be acquired subject to applicable laws that

provide for the acquisition or expropriation of land.

(7) A Municipal Planning Tribunal or Land Development Officer must not approve a land development or land use

application subject to a condition that approval in terms of other legislation is required.

(8) Conditions which require a standard to be met must specifically refer to an approved or published standard.

(9) No conditions may be imposed which affect a third party or which are reliant on a third party for fulfilment.

(10) If the Municipal Planning Tribunal  or Land Development Officer approves a land development or use

application subject to conditions, it must specify which conditions must be complied with before the sale, development or

transfer of the land.

(11) The Municipal Planning Tribunalor Land Development Officer may, on its, his or her  own initiative or on

application, amend, delete or impose additional conditions after due notice to the owner and any persons whose rights

may be affected.

(11) After the applicant has been notified that his or her application has been approved, the Municipal Planning

Tribunal or Land Development Officer or at the applicant’s request may, after consultation with the applicant, amend or

delete any condition imposed in terms of this section or add any further condition, provided that if the amendment is in the

opinion of the Municipal Planning Tribunal or Land Development Officer so material as to constitute a new application, the

Municipal Planning Tribunal or Land Development Officer may not exercise its, his or her powers in terms hereof and must

require the applicant to submit an amended or new application and in the sole discretion of the Municipal Planning

Tribunal or Land Development Officer to re-advertise the application in accordance with section107.

55 Reference to Municipal Planning Tribunal

Any reference to a Municipal Planning Tribunal in this Part is deemed to be a reference to a joint Municipal Planning

Tribunal or a district Municipal Planning Tribunal.

Part G: Administrative Arrangements

56 Administrator for Municipal Planning Tribunal

(1) The Municipal Manager must designate an employee as the administrator for the Municipal Planning Tribunal.

(2) The person referred to in subsection (1) must—

(a) liaise with the relevant Municipal Planning Tribunal members and the parties in relation  to any

application or other proceedings filed with the Municipality;

(b) maintain a diary of hearings of the Municipal Planning Tribunal;

(c) allocate meeting dates and application numbers to applications;

(d) arrange the attendance of meetings by members of the Municipal Planning Tribunal;

(e) arrange venues for Municipal Planning Tribunal meetings;

(f) administer the proceedings of the Municipal Planning Tribunal;

(g) perform the administrative functions in connection with the proceedings of the Municipal Planning

Tribunal;

(h) ensure the efficient administration of the proceedings of the Municipal Planning Tribunal, in

accordance with the directions of the chairperson of the Municipal Planning Tribunal;

(i) arrange the affairs of the Municipal Planning Tribunal so as to ensure that time is available to liaise

with other authorities regarding the alignment of integrated applications and authorisations;

(j) notify parties of orders and directives given by the Municipal Planning Tribunal;

(k) keep a record of all applications submitted to the Municipal Planning Tribunal and the outcome of

each, including—

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(i) decisions of the Municipal Planning Tribunal;

(ii) on-site inspections and any matter recorded as a result thereof;

(iii) reasons for decisions; and

(iv) proceedings of the Municipal Planning Tribunal; and

(l) keep records by any means as the Municipal Planning Tribunal may deem expedient.

CHAPTER 5

DEVELOPMENT MANAGEMENT

Part A: Types of Applications

57 Types of applications

A person may make application for the following in terms of this By-Law –

(a) establishment of a township or the extension of the boundaries of a township;

(b) division or phasing of a township;

(c) amendment or cancellation in whole or in part of a general plan of a township;

(d) amendment of an existing scheme or land use scheme by the rezoning of land, including rezoning to

an overlay zone;

(e) removal, amendment or suspension of a restrictive or obsolete condition, servitude or reservation

registered against the title of the land;

(f) subdivision of land;

(g) consolidation of land;

(h) amendment or cancellation of a subdivision plan;

(i) permanent closure of any public place;

(j) consent use;

(k) development on communal land that will have a high impact on the traditional community concerned;

(l) permanent or temporary departure from land use scheme

(m) extension of the period of validity of an approval;

(n) exemption of a subdivision from the need for approval in terms of this By-Law as contemplated in

section75;

(o) determination of a zoning;

(p) amendment, deletion or addition of conditions in respect of an existing approval granted or deemed to

be granted in terms of section 53(11);

(q) approval of the constitution of an owners’ association or an amendment of the constitution of the

owners’ association;

(r) any other application provided for in this By-Law;

(s) any other application which the Council may determine in terms of this By-Law.

(t) any combination of the applications referred to in this section submitted simultaneously as one

application.

58 Application for land development required

(1) No person may commence with, carry on or cause the commencement with or carrying on of land

development which is not permitted in the land use scheme.

(2) When an applicant or owner exercises a use right granted in terms of an approval he or she must comply with

the conditions of the approval and the applicable provisions of the land use scheme.

(3) In addition to the provisions of this Chapter, the provisions of Chapter 6 apply to any application submitted to

the Municipality in terms of this Chapter.

(4) Any reference to the Municipality in this Chapter includes a reference to the Municipal Planning Tribunal and

the Land Development Officer, as the case may be.

Part B: Establishment of Township or Extension of Boundaries of Township

59 Application for establishment of township

(1) An applicant who wishes to establish a township on land or for the extension of the boundaries of an

approved township must applyto the Municipality for the establishment of a township or for the extension of the boundaries

of an approved township in the manner provided for in Chapter 6.

(2) The Municipality must,in approving an application for township establishment, set out:

(a) the conditions of approval contemplated in section 54 in a statement of conditions in the form approved

by the Council;

(b) the statement of conditions which conditions shall be known as conditions of establishment for the

township; and

(c) the statement of conditions must, in the opinion of the Municipality, substantially be in accordance with

this By-law.

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(3) The statement of conditions must, read with directives that may be issued by the Registrar of Deeds, contain

the following:

(a) Specify those conditions that must be complied with prior to the opening of a township register for the

township with the Registrar of Deeds;

(b) the conditions of establishment relating to the township that must remain applicable to the township;

(c) conditions of title to be incorporated into the title deeds of the erven to be created for purposes of the

township;

(d) third party conditions as required by the Registrar of Deeds;

(e) the conditions to be incorporated into the land use scheme by means of an amendment scheme.

(f) if a non-profit company is to be established for purposes of maintaining or transfer of erven within the

township to them the conditions that must apply;

(g) any other conditions and or obligation on the township owner, which in the opinion of the Municipality

deemed necessary for the proper establishment, execution and implementation of the township.

(4) After the applicant has been notified that his or her application has been approved, the Municipality or at the

applicant’s request may, after consultation with the applicant, amend or delete any condition imposed in terms of

subsection (6) or add any further condition,provided that if the amendment is in the opinion of the Municipality so material

as to constitute a new application, the Municipality must not exercise its powers in terms hereof and must require the

applicant to submit an amended or new application and in the sole discretion of the Municipality to re-advertise the

application in accordance with section107.

(5) After the applicant has been notified that his or her application has been approved, the Municipality or at the

applicant’s request may, after consultation with the applicant and the Surveyor General, amend the layout of the township

approved as part of the township establishment:Provided that if the amendment is in the opinion of the Municipality so

material as to constitute a new application, the Municipality must not exercise its powers in terms hereof and require the

applicant to submit an amended or new application in the opinion of the Municipality and re-advertise the application in the

sole discretion of the Municipality in accordance with section 107.

(6) Without detracting from the provisions of subsection (5) and (6) the Municipality may require the applicant or

the applicant of his or her own accord, amend both the conditions and the layout plan of the township establishment

application as contemplated therein.

60 Division or phasing of township

(1) An applicant who has been notified in terms of section115 that his or her application has been approved may,

within the period permitted by the Municipality, apply to the Municipality for the division of the township into two or more

separate townships.

(2) On receipt of an application in terms of subsection (1) the Municipality must consider the application and may

for purposes of the consideration of the application require the applicant to indicate whether the necessary documents

were lodged with the Surveyor-General or provide proof that he or she consulted with the Surveyor General.

(3) Where the Municipality approves an application it may impose any condition it may deem expedient and must

notify the applicant in writing thereof and of any conditions imposed.

(4) The applicant must, within a period of 3 months or such further period as the Municipality may allow from the

date of the notice contemplated in subsection (3), submit to the Municipality such plans, diagrams or other documents and

furnish such information as may be required in respect of each separate township.

(5) On receipt of the documents or information contemplated in subsection (4) the Municipality must notify the

Surveyor-General, and the registrar in writing of the approval of the application and such notice must be accompanied by

a copy of the plan of each separate township.

61 Lodging of layout plan for approval with the Surveyor-General.

(1) An applicant who has been notified in terms of section 115 that his or her application has been approved,

must, within a period of 12 months from the date of such notice, or such further period as the Municipality may allow which

period may not be longer than five years, lodge for approval with the Surveyor-General such plans, diagrams or other

documents as the Surveyor-General may require, and if the applicant fails to do so the application lapses.

(2) For purposes of subsection (1), the Municipality must provide to the applicant a final schedule as

contemplated in section 59(2) and (3) of the conditions of establishment together with a stamped and approved layout

plan.

(3) The Municipality must for purposes of lodging the documents contemplated in subsection (1) determine street

names and numbers on the layout plan.

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(4) Where the applicant fails, within a reasonable time as may be determined by the Municipality after he or she

has lodged the plans, diagrams or other documents contemplated in subsection (1), to comply with any requirement the

Surveyor-General may lawfully determine, the Surveyor-General must notify the Municipality that he or she is satisfied,

after hearing the applicant, that the applicant has failed to comply with any such requirement without sound reason, and

thereupon the approval lapses.

(5) After an applicant has been notified that his or her application has been approved, the municipality may:

(a) where the documents contemplated in subsection (1) have not yet been lodged with the Surveyor

General;

(b) where the documents contemplated in subsection (1) have been lodged with the Surveyor General,

after consultation with the Surveyor General,

consent to the amendment of such documents, unless the amendment is, in its opinion, so material as to constitute a new

application for the establishment of a township.

62 Compliance with pre-proclamation conditions of approval

(1) The applicant must provide proof to the satisfaction of the Municipality within the timeframes as prescribed in

terms of this By-law, that all conditions contained in the schedule to the approval of a township establishment application

have been complied with.

(2) The Municipality must certify that all the conditions that have to be complied with by the applicant or owner as

contemplated in section59(2) and (3) have been complied with including the provision of guarantees and payment of

monies that may be required.

(3) The Municipality must at the same time notify the Registrar of Deeds and Surveyor General of the certification

by the Municipality in terms of subsection (2).

(4) The Municipality may agree to an extension of time as contemplated in subsection(1), after receiving a written

application from the applicant for an extension of time: Provided that such application provides motivation for the extension

of time.

63 Opening of Township Register

(1) The applicant must lodge with the Registrar of Deeds the plans and diagrams contemplated in section61 as

approved by the Surveyor-General together with the relative title deeds for endorsement or registration, as the case may

be.

(2) For purposes of subsection (1) the Registrar must not accept such documents for endorsement or registration

until such time as the Municipality has certified that the applicant has complied with such conditions as the Municipality

may require to be fulfilled in terms of section59(3).

(3) The plans, diagrams and title deeds contemplated in subsection (1) and certification contemplated in

subsection (2) must be lodged within a period of 12 months from the date of the approval of such plans and diagrams, or

such further period as the Municipality may allow.

(4) If the applicant fails to comply with the provisions of subsections (1), (2) and (3), the application lapses.

(5) Having endorsed or registered the title deeds contemplated in subsection (1), the Registrar must notify the

Municipality forthwith of such endorsement or registration, and thereafter the Registrar must not register any further

transactions in respect of any land situated in the township until such time as the township is declared an approved

township in terms of section64.

64 Proclamation of approved township.

Upon compliance with sections59, 60, 61 and 62the approval of the Municipality is confirmed and cannot lapse and

the Municipality or the applicant, if authorised in writing by the Municipality, must, by notice in the Provincial Gazette,

declare the township an approved township and it must, in an annexure to such notice, set out the conditions on which the

township is declared an approved township.

65 Prohibition of certain contracts and options

(1) After an owner of land has taken steps to establish a township on his or her land, no person is permitted to -

(a) enter into any contract for the sale, exchange or alienation or disposal in any other manner of an erf in

that township;

(b) grant an option to purchase or otherwise acquire an erf in that township,

until such time as the township is declared an approved township, provided that the provisions of this subsectionmust not

be construed as prohibiting any person from purchasing land on which he or she wishes to establish a township subject to

a condition that upon the declaration of the township as an approved township, one or more of the erven therein will be

transferred to the purchaser.

(2) Any contract entered into in conflict with the provisions of subsection (1) shall be of no force and effect.

(3) For the purposes of subsection (1) -

(a) “steps” includes steps preceding an application; and

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(b) “any contract” includes a contract which is subject to any condition, including a suspensive condition.

Part C: Rezoning of land

66 Application for amendment of aland use scheme by rezoning of land

(1) An applicant, who wishes to rezone land, must apply to the Municipality for the rezoning of the land in the

manner provided for in Chapter 6.

(2) A rezoning approval lapses after a period of five years, or a shorter period as the Municipality may determine,

from the date of approval or the date that the approval comes into operation if, within that five year period or shorter

period—

(a) the conditions of approval contemplated in section 54 have not been met; and

(b) the development charges referred to in Chapter 7 have not been paid or paid in  the agreed

instalments.

(3) An applicant may, prior to the lapsing of an approval, apply for an extension of the period contemplated in

subsection(2).

(4) If the Municipality grants approval for a period shorter than five years as contemplated in subsection (2), it

may grant an extension to that period which period together with any extension that the Municipality grants, may not

exceed 5years.

(5) Upon compliance with subsection 2(a) and (b), the approval of the rezoning is confirmed and cannot lapse

and the Municipality or the applicant, if authorised in writing by the Municipality, must cause notice to be published in the

Provincial Gazette of the amendment of the land use scheme and it comes into operation on the date of publication of the

notice.

(6) If a rezoning approval lapses, the zoning applicable to the land prior to the approval of the rezoning applies, or

where no zoning existed prior to the approval of the rezoning, the Municipality must determine a zoning as contemplated

in section 187.

Part D: Removal, Amendment or Suspension of a Restrictive or Obsolete Condition, Servitude or Reservation

Registered Against the Title of the Land

67 Requirements for amendment, suspension or removal of restrictive conditions or obsolete condition,

servitude or reservation registered against the title of the land

(1) The Municipality may, of its own accord or on application by notice in the Provincial Gazetteamend, suspend

or remove, either permanently or for a period specified in the notice and either unconditionally or subject to any condition

so specified, any restrictive condition.

(2) An applicant who wishes to have a restrictive condition amended, suspended or removed must apply to the

municipality for the amendment, suspension or removal of the restrictive condition in the manner provided for in Chapter 6.

(3) The Municipality must, in accordance with section 97, cause a notice of its intention to consider an application

under subsection (1) to be served on―

(a) all organs of state that may have an interest in the title deed restriction;

(b) every holder of a bond encumbering the land;

(c) a person whose rights or legitimate expectations will be materially and adversely affected by the

approval of the application; and

(d) all persons mentioned in the title deed for whose benefit the restrictive condition applies.

(4) When the Municipality considers the removal, suspension or amendment of a restrictive condition, the

Municipality must have regard to the following:

(a) the financial or other value of the rights in terms of the restrictive condition enjoyed by a person or

entity, irrespective of whether these rights are personal or vest in the person as the owner of a

dominant tenement;

(b) the personal benefits which accrue to the holder of rights in terms of the restrictive condition;

(c) the personal benefits which will accrue to the person seeking the removal of the restrictive condition, if

it is removed;

(d) the social benefit of the restrictive condition remaining in place in its existing form;

(e) the social benefit of the removal or amendment of the restrictive condition; and

(f) whether the removal, suspension or amendment of the restrictive condition will completely remove all

rights enjoyed by the beneficiary or only some of those rights.

68 Endorsements in connection with amendment, suspension or removal of restrictive conditions

(1) The applicant must, after the amendment, suspension or removal of a restrictive condition by notice in the

Provincial Gazetteas contemplated in section 67(1), submit the following to the Registrar of Deeds:

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(a) a copy of the original title deed;

(b) a copy of the original letter of approval; and

(c) a copy of the notification of the approval.

(2) The Registrar of Deeds and the Surveyor-General must, after the amendment, suspension or removal of a

restrictive condition by notice in the Provincial Gazette, as contemplated in section67(1), make the appropriate entries in

and endorsements on any relevant register, title deed, diagram or plan in their respective offices or submitted to them, as

may be necessary to reflect the effect of the amendment, suspension or removal of the restrictive condition.

Part E: Amendment or Cancellation in Whole or in Part of a General Plan of a Township

69 Notification of Surveyor General

(1) After the Municipality has approved or refused an application for the alteration, amendment or cancellation of

a general plan, the Municipality must forthwith notify the Surveyor-General in writing of the decision and, where the

application has been approved, state any conditions imposed.

(2) An applicant who has been notified that his or her application has been approved must, within a period of 12

months from the date of the notice, lodge with the Surveyor-General such plans, diagrams or other documents as the

Surveyor-General may deem necessary to effect the alteration, amendment or cancellation of the general plan, and if he

or she fails to do so the application lapses.

(3) Where the applicant fails, within a reasonable time after he or she has lodged the plans, diagrams or other

documents contemplated in subsection (2), to comply with any requirement the Surveyor-General may lawfully lay down,

the Surveyor-General must notify the Municipality accordingly, and where the Municipality is satisfied, after hearing the

applicant, that the applicant has failed to comply with any such requirement without sound reason, the Municipality must

notify the applicant, and thereupon the application lapses.

(4) After the Surveyor-General has, in terms of section 30(2) of the Land Survey Act, 1997, altered or amended

the general plan or has totally or partially cancelled it, he or she must notify the Municipality.

(5) On receipt of the notice contemplated in subsection (4) the Municipality must publish a notice in the Provincial

Gazette declaring that the general plan has been altered, amended or totally or partially cancelled and the Municipality

must, in a schedule to the latter notice, set out the conditions imposed or the amendment or deletion of any condition,

where applicable.

(6) The Municipality must provide the Registrar of Deeds with a copy of the notice in the Provincial Gazette and

schedule thereto contemplated in subsection (5).

70 Effect of amendment or cancellation of general plan

Upon the total or partial cancellation of the general plan of a township -(a) the township or part thereof ceases to exist as a township; and

(b) the ownership of any public place or street re-vests in the township owner.

Part F: Subdivision and Consolidation

71 Application for subdivision

(1) No person may subdivide land without the approval of the Municipality, unless the subdivision is exempted

under section75.

(2) An applicant who wishes to subdivide land must apply to the Municipality for the subdivision of land in the

manner provided for in Chapter 6.

(3) The Municipality must impose appropriate conditions relating to engineering services for an approval of a

subdivision.

(4) If a Municipality approves a subdivision, the applicant must submit a general plan or diagram to the SurveyorGeneral for approval, including proof to the satisfaction of the Surveyor-General of—

(a) the Municipality’s decision to approve the subdivision;

(b) the conditions of approval contemplated in subsection (3) and section54; and

(c) the approved subdivision plan.

(5) If the Municipality approves an application for a subdivision, the applicant must within a period of five years or

the shorter period as the Municipality may determine, from the date of approval of the subdivision or the date that the

approval comes into operation, comply with the following requirements:

(a) the approval by the Surveyor-General of the general plan or diagram contemplated in subsection (4);

(b) sign anengineering services agreement contemplated in section 124;

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(c) submit proof to the satisfaction of the Municipality that all relevant conditions contemplated in

section54 for the approved subdivision in respect of the area shown on the general plan or diagram

and that must be complied with before compliance with paragraph (d) have been met; and

(d) registration of the transfer of ownership in terms of the Deeds Registries Act of the land unit shown on

the diagram.

(6) A confirmation from the Municipality in terms of section 72(3) that all conditions of approval contemplated in

section 54 have been met, which is issued in error, does not absolve the applicant from complying with the obligations

imposed in terms of the conditions or otherwise complying with the conditions after confirmation of the subdivision.

72 Confirmation of subdivision

(1) Upon compliance with section 71(5), the subdivision or part thereof is confirmed and cannot lapse.

(2) Upon confirmation of a subdivision or part thereof, the zonings indicated on the approved subdivision plan as

confirmed cannot lapse.

(3) The Municipality must in writing confirm to the applicant or to any other person at his or her written request

that a subdivision or a part of a subdivision is confirmed, if the applicant has to the satisfaction of the Municipality

submitted proof of compliance with the requirements of section71(5) for the subdivision or part thereof.

(4) No building or structure may be constructed on a land unit forming part of an approved subdivision unless the

subdivision is confirmed or the Municipality approved the construction prior to the subdivision being confirmed.

73 Lapsing of subdivision and extension of validity periods

(1) An approved subdivision or a portion thereof lapses if the applicant does not comply with section71(5).

(2) An applicant may, prior to the lapsing of an approval, apply for an extension of the period referred to in section

71(5) in accordance with the provisions of section 113.

(3) If the Municipality grants approval for a period shorter than five years as contemplated in section 69(5), it may

grant an extension to that period which period together with any extension that the Municipality grants, may not exceed

5years.

(4) If, after the expiry of the extended period the requirements of section 71(5) have not been complied with, the

subdivision may lapse and subsection (6) applies.

(5) If only a portion of the general plan, contemplated in section 71(5)(a) complies with section71(5)(b) and (c), the

general plan must be withdrawn and a new general plan must be submitted to the Surveyor-General.

(6) If an approval of a subdivision or part thereof lapses under subsection (1) —

(a) the Municipality must—

(i)   amend the zoning map and, where applicable, the register accordingly; and

(ii) notify the Surveyor-General accordingly; and

(b) the Surveyor-General must endorse the records of the Surveyor-General’s office to reflect the

notification that the subdivision has lapsed.

74 Amendment or cancellation of subdivision plan

(1) The Municipality may approve the amendment or cancellation of a subdivision plan, including conditions of

approval contemplated in section 54, the general plan or diagram, in relation to land units shown on the general plan or

diagram of which no transfer has been registered in terms of the Deeds Registries Act.

(2) When the Municipality approves an application in terms of subsection (1), any public place that is no longer

required by virtue of the approval must be closed.

(3) The Municipality must notify the Surveyor-General of an approval in terms of subsection (1), and the

Surveyor-General must endorse the records of the Surveyor-General’s office to reflect the amendment or cancellation of

the subdivision.

(4) An approval of a subdivision in respect of which an amendment or cancellation is approved in terms of

subsection (1), remains valid for the remainder of the period contemplated in section71(5) applicable to the initial approval

of the subdivision, calculated from the date of approval of the amendment or cancellation in terms of subsection (1).

75 Exemption of subdivisions and consolidations

(1) The subdivision or consolidation of land in the following circumstances does not require the approval of the

Municipality:

(a) if the subdivision or consolidation arises from the implementation of a court ruling;

(b) if the subdivision or consolidation arises from an expropriation; 

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(c) a minor amendment of the common boundary between two or more land units if the resulting change

in area of any of the land units is not more than 10 per cent;

(d) the registration of a servitude or lease agreement for the provision or installation of—

(i) water pipelines, electricity transmission lines, sewer pipelines, gas pipelines or oil and

petroleum product pipelines by or on behalf of an organ of state or service provider;

(ii) telecommunication lines by or on behalf of a licensed telecommunications operator;

(iii) the imposition of height restrictions;

(e) the exclusive utilisation of land for agricultural purposes, if the utilisation—

(i) requires approval in terms of legislation regulating the subdivision of agricultural land; and

(ii) does not lead to urban expansion.

(f) the subdivision and consolidation of a closed public place with an abutting erf; and

(g) the granting of a right of habitation or usufruct;

(h) the subdivision of land for the purpose of the construction or alteration of roads or any other matter

related thereto;

(i) the subdivision of land in order to transfer ownership to a municipality or other organ of state;

(j) the subdivision of land in order to transfer ownership from a municipality or other organ of state,

excluding a subdivision for the purposes of alienation for development;

(k) the subdivision of land where the national or provincial government may require a survey, whether or

not the national or provincial government is the land-owner; and

(l) the subdivision of land in existing housing schemes in order to make private property ownership

possible.

(2) The Municipality must, in each case, certify in writing that the subdivision has been exempted from the provisions

of this Chapter and impose any condition it may deem necessary.

(3) The Municipality must indicate on the plan of subdivision that the subdivision has been exempted from the

provisions of sections71 to 74.

76 Services arising from subdivision

Subsequent to the granting of an application for subdivision in terms of this By-law the owner of any land unit

originating from the subdivision must―

(a) allow without compensation that the following be conveyed across his or her land unit in respect of

other land units:

(i) gas mains;

(ii) electricity cables;

(iii) telephone cables;

(iv) television cables;

(v) other electronic infrastructure;

(vi) main and other water pipes;

(vii) sewer lines;

(viii) storm water pipes; and

(ix) ditches and channels;

(b) allow the following on his or her land unit if considered necessary and in the manner and position as

may be reasonably required by the Municipality:

(i)   surface installations such as mini–substations;

(ii) meter kiosks; and

(iii) service pillars;

(c) allow access to the land unit at any reasonable time for the purpose of constructing, altering, removing

or inspecting any works referred to in paragraphs (a) and (b); and

(d) receive material or permit excavation on the land unit as may be required to allow use of the full width

of an abutting street and provide a safe and proper slope to its bank necessitated by differences

between the level of the street as finally constructed and the level of the land unit, unless he or she

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elects to build retaining walls to the satisfaction of and within a period to be determined by the

Municipality.

77 Consolidation of land units

(1) No person may consolidate land without the approval of the Municipality, unless the consolidation is

exempted under section75.

(2) A copy of the approval must accompany the diagram which is submitted to the Surveyor-General’s office.

(3) If the Municipality approves a consolidation, the applicant must submit a diagram to the Surveyor-General for

approval, including proof to the satisfaction of the Surveyor-General of—

(a) the decision to approve the subdivision;

(b) the conditions of approval contemplated in section54; and

(c) the approved consolidation plan.

(4) If the Municipality approves a consolidation, the Municipality must amend the zoning map and, where

applicable, the register accordingly.

78 Lapsing of consolidation and extension of validity periods

(1) If a consolidation of land units is approved but no consequent registration by the Registrar of Deeds takes

place within five years of the approval, the consolidation approval lapses, unless the consolidation of land units form part

of an application which has been approved for a longer period.

(2) An applicant may apply for an extension of the period to comply with subsection (1) and the granting of an

extension may not be unreasonably withheld.

(3) An extension contemplated in subsection (2) may be granted for a further period not exceeding five years and

if after the expiry of the extended period the requirements of subsection (1) have not been complied with, the consolidation

lapses and subsection (5) applies.

(4)   If the Municipality may grant extensions to the period contemplated in subsection (2), which period together

with any extensions that the Municipality grants, may not exceed 10 years.

(5) If an approval of a consolidation lapses under subsection (1) the Municipality must—

(a) amend the zoning map and, where applicable, the register accordingly; and

(b) notify the Surveyor-General accordingly; and

(c) the  Surveyor-General must endorse the records of the Surveyor-General’s office to reflect the

notification that the subdivision has lapsed.

Part G: Permanent Closure of Public Place

79 Closure of public place

(1) The Municipality may on own initiative or on application close a public place or any portion thereof in

accordance with the procedures in Chapter 6.

(2) An applicant who wishes to have a public place closed or a portion of a public place closed must apply to the

municipality for the closure of the public place or portion thereof in the manner provided for in Chapter 6.

(3) The ownership of the land comprised in any public place or portion thereof that is closed in terms of this

section continues to vest in the Municipality unless the Municipality determines otherwise.

(4) The municipal manager may, without complying with the provisions of this Chapter temporarily close a public

place—

(a) for the purpose of or pending the construction, reconstruction, maintenance or repair of the public

place;

(b) for the purpose of or pending the construction, erection, laying, extension, maintenance, repair or

demolition of any building, structure, works or service alongside, on, across, through, over or under the

public place;

(c) if the street or place is, in the opinion of the municipal manager, in a state dangerous to the public;

(d) by reason of any emergency or public event which, in the opinion of the municipal manager, requires

special measures for the control of traffic or special provision for the accommodation of crowds, or

(e) for any other reason which, in the opinion of the municipal manager, renders the temporary closing of

the public place necessary or desirable.

(5) The Municipality must notify the Surveyor-General of an approval in terms of subsection (1), and the

Surveyor-General must endorse the records of the Surveyor-General’s office to reflect the closure of the public place.

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Part H: Consent Use

80 Application for consent use

(1) An applicant may apply to the Municipality for a consent use provided for in the land use scheme in the

manner provided for in Chapter 6.

(2) Where the development parameters for the consent use that is being applied for are not defined in an

applicable land use scheme, the Municipality must determine the development parameters that apply to the consent use

as conditions of approval contemplated in section54.

(3) A consent use may be granted permanently or for a specified period of time in terms of conditions of approval

contemplated in section54.

(4) A consent use granted for a specified period of time contemplated in subsection (3) must not have the effect

of preventing the property from being utilised in the future for the primary uses permitted in terms of the zoning of the land.

(5) A consent use contemplated in subsection (1) lapses after a period of five years or the shorter period as the

Municipality may determine from the date that the approval comes into operation if, within that five year period or shorter

period -(a) the consent use is not utilised in accordance with the approval thereof; or

(b) the following requirements are not met:

(i) the approval by the Municipality of a building plan envisaged for the utilisation of the approved

use right; and

(ii) commencement with the construction of the building contemplated in subparagraph (i).

(6) The Municipality may grant extensions to the period contemplated in subsection (5) and the granting of an

extension may not be unreasonably withheld by the Municipality. , which period together with any extensions that the

Municipality grants, may not exceed 10 years.

Part I: Land Use on Communal Land

81 Application for development on or change to land use purpose of communal land

(1) An applicant who wishes to develop on or change the land use purpose of communal land located in the area

of a traditional council where such development will have a high impact on the community or such change requires

approval in terms of the land use scheme applicable to such area, must apply to the Municipality in the manner provided

for in Chapter 6.

(2) No application pertaining to land development on or change the land use purpose ofcommunal land may be

submitted unless accompanied by power of attorney signed by the applicable traditional council.

(3) For the purpose of this section, a “high impact” development includes any of the following:

(a) cemetery;

(b) crematorium and funeral parlour;

(c) factory;

(d) filling station and public garage;

(e) industry and light industry;

(f) manufacturing, micro-manufacturing, retail selling and distribution as contemplated in the Liquor Act,

2003 (Act No. 59 of 2003);

(g) mining;

(h) noxious use;

(i) panelbeating;

(j) scrapyard.

(4) The Municipality must define each of the high impact activities contemplated in subsection (3) in its land use

scheme.

Part J: Departure from provisions of Land Use Scheme

82 Application for permanent or temporary departure

(1) An application for a permanent departure from the provisions of the land use scheme is an application that will

result in the permanent amendment of the land use scheme provisions applicable to land, and includes:

(a) The relaxation of development parameters such as building line, height, coverage or number of storeys;

and

(b) the departure from any other provisions of a land use scheme that will result in the physical

development or construction of a permanent nature on land.

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(2) An application for a temporary departure from the provisions of the land use scheme is an application that

does not result in an amendment of the land use scheme provisions applicable to land, and includes:

(a) prospecting rights granted in terms of the Mineral and Petroleum Resources Development Act, 2002;

(b) the erection and use of temporary buildings, or the use of existing buildings for site offices, storage

rooms, workshops or such other uses as may be necessary during the erection of any permanent

building or structure on the land;

(c) the occasional use of land or buildings for public religious exercises, place of instruction, institution,

place of amusement or social hall;

(d) the use of land or the erection of buildings necessary for the purpose of informal retail trade;

(e) any other application to utilise land on a temporary basis for a purpose for which no provision is made

in the land use scheme in respect of a particular zone .

(3) An applicant may apply for a departure in the manner provided for in Chapter 6.

(4) The Municipality may grant approval for a departure

(a) contemplatedin subsection (2)(a) for the period of validity of the prospecting license after which period

the approval lapses; and

(b) contemplated in subsection (2)(b) for the period requested in the application or the period determined by

the Municipality after which period the approval lapses.

(5) The Municipality may grant extensions to the period that it determines in terms of subsection (4)(b), which

period together with any extensions that the Municipality grants, may not exceed 5 yearsand the granting of the extension

may not be unreasonably withheld by the Municipality.

(6) A temporary departure contemplated in subsection(2) may not be granted more than once in respect of a

particular use on a specific land unit.

(7) A temporary departure contemplated in subsection (2)(b) may not include the improvement of land that is not

temporary in nature and which has the effect that the land cannot, without further construction or demolition, revert to its

previous lawful use upon the expiry of the period contemplated in subsection (1)(b).

Part K: General Matters

83 Ownership of public places and land required for municipal engineering services and social facilities

(1) The ownership of land that is earmarked for a public place as shown on an approved subdivision plan vest in

the Municipality upon confirmation of the subdivision or a part thereof.

(2) The Municipality may in terms of conditions imposed in terms of section54 determine that land designated for

the provision of engineering services, public facilities or social infrastructure on an approved subdivision plan, be

transferred to the Municipality upon confirmation of the subdivision or a part thereof.

84 Restriction of transfer and registration

(1) Notwithstanding the provisions contained in this By-law or any conditions imposed in the approval of any

application, the owner must, at his or her cost and to the satisfaction of the Municipality, survey and register all servitudes

required to protect the engineering services provided, constructed and installed as contemplated in Chapter 7.

(2) No Erf/Erven and/or units in a land development area, may be alienated or transferred into the name of a

purchaser nor must a Certificate of Registered Title be registered in the name of the owner, prior to the Municipality

certifying to the Registrar of Deeds that:

(a)   All engineering services have been designed and constructed to the satisfaction of the Municipality,

including guarantees for services having been provided to the satisfaction of the Municipality as may

be required; and

(b) all engineering services and development charges have been paid or an agreement has been entered

into to pay the development charges in monthly instalments; and

(c) all engineering services have been or will be protected to the satisfaction of the Municipality by means

of servitudes; and

(d)   all conditions of the approval of the application have been complied with or that arrangements have

been made to the satisfaction of the Municipality for the compliance there of within 3 months of having

certified to the Registrar in terms of this section that registration may take place; and

(e) that the Municipality is in a position to consider a final building plan; and

(f) that all the properties have either been transferred or must be transferred simultaneously with the first

transfer or registration of a newly created property or sectional title scheme.

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85 First transfer

Where an owner of land to which an application relates is required to transfer land to:

(a) the Municipality; or

(b) an owners’ association,

by virtue of a condition set out in the conditions to the approval contemplated in section 54, the land must be so

transferred at the expense of the applicant, within a period of 6 months from the date of the land use rights coming into

operation in terms of section54, or within such further period as the Municipality may allow, but in any event prior to any

registration or transfer of any erf, portion, opening of a sectional title scheme or unit within the development.

86 Certification by Municipality

(1) A person may not apply to the Registrar of Deeds to register the transfer of a land unit, unless the Municipality

has issued a certificate in terms of this section.

(2) The Municipality must not issue a certificate to transfer a land unit in terms of any law, or in terms of this Bylaw, unless the owner furnishes the Municipality with―

(a) a certificate of a conveyancer confirming that funds due by the transferor in respect of land, have been

paid;

(b) proof of payment of any contravention penalty or proof of compliance with a directive contemplated in

Chapter 9;

(c)   proof that the land use and buildings constructed on the land unit comply with the requirements of the

land use scheme;

(d) proof that all common property including private roads and private places originating from the

subdivision, has been transferredto the owners’ association as contemplated in Schedule 5; and

(e) proof that the conditions of approval that must be complied with before the transfer of erven have been

complied with.

87 Application affecting national and provincial interest

(1) In terms of section 52 of the Act an applicant must refer any application which affects national interest to the

Minister for comment, which comment is to be provided within 21 days as prescribed in section 52(5) of the Act.

(2) Where any application in terms of this By-law, which in the opinion of the Municipal Manager affects national

interest as defined in section 52 of the Act, is submitted, such application must be referred to the Minister and the

provisions of sections 52(5) to (7) of the Act, apply with the necessary changes.

(3) The Municipal Planning Tribunal or Land Development Officer as the case may be, may direct that an

application before it, be referred to the Minister if such an application in their opinion affects national interest and the

provisions of sections 52(5) to (7) apply with the necessary changes.

(4) The Municipality is the decision maker of first instanceas contemplated in section 33(1) of the Act and the

national department responsible for spatial planning and land use management becomesa party to the application that

affects national interest.

(5) If provincial legislation makes provision for applications which may affect provincial interest, the provisions of

this section apply with the necessary changes unless the provincial legislation provides for other procedures.

CHAPTER 6

GENERAL APPLICATION PROCEDURES

88 Applicability of Chapter

This Chapter applies to all types of applications contemplated in section 57 submitted to the Municipality.

89 Procedures for making application

(1) The Municipal Manager may determine in relation to any application required in terms of this By-Law –

(a) information specifications relating to matters such as size, scale, colour, hard copy, number of copies,

electronic format and file format;

(b) the manner of submission of an application;

(c) any other procedural requirements not provided for in this By-Law in accordance with the guidelines

determined by the Municipality in accordance with subsection (2) , if the Municipality has determined

guidelines.

(2) A determination contemplated in subsection (1) may –

(a) relate to the whole application or any part of it; and

(b) differentiate between types of application, categories of application or categories of applicant.

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(3) An applicant must comply with the procedures in this Chapter and, where applicable, the specific procedures

provided for in Chapter 5or the relevant section ofthis By-law and the determination made by the Municipal Manager.

90 Information required

(1) Any application required in terms of this By-Law must be completed on a form approved by the Council,

signed by the applicant and submitted to the Municipality.

(2) Any application referred to in subsection (1) must be accompanied by -(a)  if the applicant is not the owner of the land, a power of attorney signed by the owner authorising the

applicant to make the application on behalf of the owner and if the owner is married in community of

property a power of attorney signed by both spouses;

(b) if the owner of the land is a company, closed corporation, body corporate or owners’ association,

proof that the person is authorised to act on behalf of the company, closed corporation, body corporate

or owners’ association;

(c) if the owner of the land is a trust, the application must be signed by all the trustees;

(d) a written motivation for the application based on the criteria for consideration of the application;

(e) proof of payment of application fees; and

(f) in the case of an application for development on communal land referred to in section81, community

approval granted as a result of a community participation process conducted in terms of Customary

Law.

(3) In addition to the documents referred to in subsection (2), an application referred to in subsection (1) must be

accompanied by the following documents:

(a) in the case of an application for the establishment of a township or the extension of the boundaries of a

township, the documents contemplated in Schedule 6;

(b) in the case of an application for the amendment of an existing scheme or land use scheme by the

rezoning of land, the documents contemplated in Schedule 7;

(c) in the case of an application for the removal, amendment or suspension of a restrictive or obsolete

condition, servitude or reservation registered against the title of the land, the documents contemplated

in Schedule 8;

(d) in the case of an application of the amendment or cancellation in whole or in part of a general plan of a

township, such plans, diagrammes and other documents contemplated in Schedule 9;

(e) in the case of an application for the subdivision of any land, the documents contemplated in Schedule

10;

(f) in the case of an application for the consolidation of any land,  the documents contemplated in

Schedule 11;

(g) in the case of the permanent closure of any public place, the documents contemplated in Schedule 12;

(h) in the case of an application for consent or approval required in terms of a condition of title, a condition

of establishment of a township or condition of an existing scheme or land use scheme, the documents

contemplated in Schedule 13;

(i) in the case of an application for the permanent or temporary departure from the land use scheme, the

documents contemplated in Schedule 14.

(4) The Municipality may make a determination or issue guidelines relating to the submission of additional

information and procedural requirements.

91 Application fees

(1) An applicant must pay the application fees approved by the Council prior to submitting an application in terms

of this By-law.

(2) Application fees that are paid to the Municipality are non-refundable and proof of payment of the application

fees must accompany the application.

92 Grounds for refusing to accept application

The Municipality may refuse to accept an application if—

(a) the municipality has already decided on the application;

(b) there is no proof of payment of fees;

(c) the application is not in the form required by the Municipality or does not contain the documents

required for the submission of an application as set out in section90.

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93 Receipt of application and request for further documents

The Municipality must—

(a) record the receipt of an application in writing or by affixing a stamp on the application on the day of

receipt and issue proof of receipt to the applicant;

(b) notify the applicant in writing of any outstanding or additional plans, documents, other information or

additional fees that it may require within 30 days of receipt of the application or the further period as

may be agreed upon, failing which it is regarded that there is no outstanding information or documents;

and

(c) if the application is complete, notify the applicant in writing that the application is complete within 30

days of receipt of the application.

94 Additional information

(1) The applicant must provide the Municipality with the information or documentation required for the completion

of the application within 30 days of the request therefor or within the further period agreed to between the applicant and

the Municipality.

(2) The Municipality may refuse to consider the application if the applicant fails to provide the information within

the timeframes contemplated in subsection (1).

(3) The Municipality must notify the applicant in writing of the refusal to consider the application and must close

the application.

(4) An applicant has no right of appeal to the appeal authority in respect of a decision contemplated in subsection

(3) to refuse to consider the application.

(5) If an applicant wishes to continue with an application that the Municipality refused to consider under

subsection (3), the applicant must submit a new application and pay the applicable application fees.

95 Confirmation of complete application

(1) The Municipality must notify the applicant in writing that the application is complete and that the notices may

be placed as contemplated in this Chapter, within 21 days of receipt of the additional plans, documents or information

required by it or if further information is required as a result of the furnishing of the additional information.

(2) The date of the notification that an application is complete is regarded as the date of submission of the

application.

(3) If further information is required, section94 applies to the further submission of information that may be

required.

96 Withdrawal of application

(1) An applicant may, at any time prior to a decision being taken, withdraw an application on written notice to the

Municipality.

(2) The owner of land must in writing inform the Municipality if he or she has withdrawn the power of attorney that

authorised another person to make an application on his or her behalf.

97 Notice of applications in terms of integrated procedures

(1) The Municipality may, on prior written request and motivation by an applicant, determine that—

(a) a public notice procedure carried out in terms of another law in respect of the application constitutes

public notice for the purpose of an application made in terms of this By-law; or

(b) notice of an application made in terms of this By-law may be published in accordance with the

requirements for public notice applicable to a related application in terms other legislation.

(2) If a Municipality determines that an application may be published as contemplated in subsection (1)(b) an

agreement must be entered into by the Municipality and the relevant organs of state to facilitate the simultaneous

publication of notices.

(3) The Municipality must, within 30 days of having notified the applicant that the application is complete,

simultaneously—

(a) cause public notice of the application to be given in terms of section98(1); and

(b) forward a copy of the notice together with the relevant application to every municipal department,

service provider and organ of state that has an interest in the application,

unless it has been determined by the Municipality that a procedure in terms of another law, as determined in

subsection (1), is considered to be public notice in terms of this By-law.

(4)   The Municipality may require the applicant to give the required notice of an application in the media.

(5) Where an applicant has published a notice in the media at the request of a Municipality, the applicant must

provide proof that the notice has been published as required.

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98 Notification of application in media

(1)   The Municipality must cause notice to be given in the media, in accordance with this By-law, of the following

applications:

(a) an application for township establishment;

(b) an application for a rezoning or a rezoning on the initiative of the Municipality;

(c) the subdivision of land larger than five hectares inside the outer limit of urban expansion as reflected in

its municipal spatial development framework;

(d) the subdivision of land larger than one hectare outside the outer limit of urban expansion as reflected

in its municipal spatial development framework;

(e) if the Municipality has no approved municipal spatial development framework, the subdivision of land

larger than five hectares inside the urban edge, including existing urban land use approvals, of the

existing urban area;

(f) if the Municipality has no approved municipal spatial development framework, the subdivision of land

larger than one hectare outside the urban edge, including existing urban land use approvals, of the

existing urban area;

(g) the closure of a public place;

(h) an application in respect of a restrictive condition;

(i) other applications that will materially affect the public interest or the interests of the community if

approved.

(2) Notice of the application in the media must be given by—

(a) publishing a notice of the application, in a newspaper with a general circulation in the municipal area in

at least two of the official languages determined by the Council, having regard to language preferences

and usage within its municipal area, as contemplated in section 21 of the Municipal Systems Act; or

(b) if there is no newspaper with a general circulation in the area, posting a copy of the notice of

application, for at least the duration of the notice period, on the land concerned and on any other

notice board as may be determined by the Municipality.

99 Serving of notices

(1) Notice of an application contemplated in section98(1) and subsection (2) -

(a) is considered as having been served when:

(i) it has been delivered to the relevant person personally;

(ii) it has been left at the relevant person’s place of residence or business in the Republic with a

person apparently over the age of sixteen years; 

 

(iii) when it has been posted by registered or certified mail to the relevant person’s last known

residential or business address in the Republic and an acknowledgement of the posting thereof

from the postal service is obtained;

(iv) if the relevant person’s address in the Republic is unknown, when it has been served on that

person’s agent or representative in the Republic in the manner provided by paragraphs (i), (ii)

or (iii); or

(v) if the relevant person’s address and agent or representative in the Republic is unknown, when it

has been posted in a conspicuous place on the property or premises, if any, to which it relates.              

 

(b) must be in at least two of the official languages determined by the Council, having regard to language

preferences and usage within its municipal area, as contemplated in section 21A of the Municipal

Systems Act;

(c) must be served on each owner of an abutting property, including a property separated from the

property concerned by a road;

(d) must be served on any person who, in the opinion of the Municipality, has an interest in the matter or

whose rights may be affected by the approval of the application.

(2) The Municipality may require the serving of a notice as contemplated in this section for any other application

made in terms of this By-law.

(3) The Municipality may require notice of its intention to consider all other applications not listed in subsection (2)

to be given in terms of section98.

(4) The Municipality may require the applicant to attend to the serving of a notice of an application contemplated

in subsection (1).

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(5) Where an applicant has served a notice at the request of a Municipality, the applicant must provide proof that

the notice has been served as required.

100 Contents of notice

When notice of an application must be given in terms of section98 or served in terms of section99, the notice must

contain the following information:

(a) thename, identity number, physical address and contact details of the applicant;

(b) identify the land or land unit to which the application relates by giving the property description (erf

number) and the physical address (street name and number);

(c)   state the intent and purpose of the application;

(d) state that a copy of the application and supporting documentation will be available for viewing during

the hours and at the place mentioned in the notice;

(e) state the contact details of the relevant municipal employee;

(f)   invite members of the public to submit written comments or objections together with the reasons

therefor in respect of the application;

(g)   state in which manner comments or objections may be submitted;

(h) state the date by when the comments or objections must be submitted which must not be less than 30

days from the date on which the notice was given;

(i)   state that any person who cannot write may during office hours attend at an address stated in the

notice where a named staff member of the Municipality will assist that person to transcribe that

person’s objections or comments.

101 On-site notice

(1) The Municipality must cause additional notice to be given in accordance with this section if it considers

notice in accordance with sections 98 or 99 to be ineffective or in the event of the following applications:

(a) an application for township development;

(b) an application for the extension         

  of        

  the      

  boundaries       

  of        

  an        

  approved          

  township;

(c) an application for rezoning;

(d) an application for subdivision;

(e) an application for consolidation.

(2) An on-site notice must be displayed and the notice must be of a size of at least 60 cm by 42 cm (A2 size) on

the frontage of the erf concerned or at any other conspicuous and easily accessible place on the erf, provided that—

(a) the notice must be displayed for a minimum of 21 days during the period that the public may comment

on the application;

(b)   the applicant must, within 21 days from the last day of display of the notice, submit to the

Municipality—

(i)   a sworn affidavit confirming the maintenance of the notice for the prescribed period; and

(ii)   at least two photos of the notice, one from nearby and one from across the street.

102 Additional methods of public notice

If the Municipality considers notice in accordance with sections98, 99or 101to be ineffective or the Municipality

decides to give notice of any application in terms of this By-law, the Municipality may on its own initiative or on request

require an applicant to follow one or more of the following methods to give additional public notice of an application:

(a)   to convene a meeting for the purpose of informing the affected members of the public of the

application;

(b)   to broadcast information regarding the application on a local radio station in a specified language;

(c) to hold an open day or public meeting to notify and inform the affected members of the public of the

application;

(d)   to publish the application on the Municipality’s website for the duration of the period that the public may

comment on the application; or

(e)   to obtain letters of consent or objection to the application.

(2) Where an applicant has given additional public notice of an application on behalf of a Municipality, the

applicant must provide proof that the additional public notice has been given as required.

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(3) Where the Municipality requires an applicant to display a public notice as contemplated in paragraph (a), the

Municipality must conduct an on-site inspection to verify whether the applicant has complied with the requirement to

display that public notice.

103 Requirements for petitions

(1) All petitions mustclearly state—

(a)   the contact details of the authorised representative of the signatories of the petition;

(b) the full name and physical address of each signatory; and

(c) the objection and reasons for the objection.

(2) Notice to the person contemplated in subsection (1)(a), constitutes notice to all the signatories to the petition.

104 Requirements for objections or comments

(1) A person may, in response to a notice received in terms of sections98, 99 or 101, object or comment in

accordance with this section.

(2) Any objection, comment or representation received as a result of a public notice process must be in writing

and addressed to the municipal employee mentioned in the notice within the time period stated in the notice and in the

manner set out in this section.

(3) The objection must state the following:

(a)   the name of the person or body concerned;

(b)   the address or contact details at which the person or body concerned will accept notice or service of

documents;

(c)   the interest of the body or person in the application;

(d)   the reason for the objection, comment or representation.

(4) The reasons for any objection, comment or representation must be set out in sufficient detail in order to—

(a) indicate the facts and circumstances which explains the objection, comment or representation;

(b) demonstrate the undesirable effect which the application will have on the area;

(c) demonstrate any aspect of the application which is not considered consistent with applicable policy.

(5)   The Municipality mustnot accept any objection, comment or representation received after the closing date.

105 Requirements for intervener status

(1) Where an application has been submitted to the Municipality, an interested person referred to in section

45(2) of the Act may, at any time during the proceedings,petition the Municipal Planning Tribunal or the Land Development

Officer in writing on the form approved by Council to be granted intervener status.

(2) The petitioner must submit together with the petition to be granted intervener status an affidavit stating that

he or she –

(a) does not collude with any of the parties; and

(b) is willing to deal with or act in regard to the application as the Municipal Planning Tribunal or the

Land Development Officer may direct.

(3) The Municipal Planning Tribunal or the Land Development Officer must determine whether the requirements

of this section have been complied with and must thereafter transmit a copy of the form to the parties of the appeal.

(4) The presiding officer of the Municipal Planning Tribunal or the Land Development Officer must rule on the

admissibility of the petitioner to be granted intervener status and the decision of the presiding officer or the Land

Development Officer is final and must be communicated to the petitioner and the parties.

106 Amendments prior to approval

(1)   An applicant may amend his or her application at any time after notice of the application has been given in

terms of this By-law and prior to the approval thereof -(a) at the applicant’s own initiative;

(b) as a result of objections and comments made during the public notification process; or

(c)   at the request of the Municipality.

(2) If an amendment to an application is material, the Municipality may require that further notice of the

application be given in terms of this By-law and may require that the notice and the application be resent to municipal

departments, organs of state and service providers.

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107 Further public notice

(1) The Municipality may require that fresh notice of an application be given if more than 18 months haselapsed

since the first public notice of the application and if the application has not been considered by the Municipality.

(2) The Municipality may, at any stage during the processing of the application -(a)  require notice of an application to be republished or to be served again; and

(b) an application to be resent to municipal departments for comment,

if new information comes to its attention which is material to the consideration of the application.

108 Cost of notice

The applicant is liable for the costs of giving notice of an application.

109 Applicant’s right to reply

(1)   Copies of all objections or comments lodged with a Municipality must be provided to the applicant within 14

days after the closing date for public comment together with a notice informing the applicant of its rights in terms of this

section.

(2)   The applicant may, within a period of 30 days from the date of the provision of the objections or comments,

submit written reply thereto with the Municipality and must serve a copy thereof on all the parties that have submitted

objections or comments.

(3)   The applicant may before the expiry of the 30 day period referred to in subsection (2), apply to the

Municipality for an extension of the period with a further period of 14 days to lodge a written reply.

(4) If the applicant does not submit comments within the period of 30 days or within an additional period 14 of

days if applied for, the applicant is considered to have no comment.

(5) If as a result of the objections or comments lodged with a Municipality, additional information regarding the

application is required by the Municipality, the information must be supplied within the further period as may be agreed

upon between the applicant and the Municipality.

(6) If the applicant does not provide the information within the timeframes contemplated in subsection (5), section

94(2) to (5) with the necessary changes, applies.

110 Written assessment of application

(1) An employee authorised by the Municipality must in writing assess an application in accordance with

section53 and recommend to the decision-maker whether the application must be approved or refused.

(2) An assessment of an application must include a motivation for the recommendation and, where applicable,

the proposed conditions of approval contemplated in section 54.

111 Decision-making period

(1)   When the power to take a decision is delegated to an authorised employee and no integrated process in

terms of another law is being followed, the authorised employee must decide on the application within the 30 day period

referred to in regulation 16(5) of the Regulations.

(2)   When the power to take a decision is not delegated to an authorised employee and no integrated process in

terms of another law is being followed, the Municipal Planning Tribunal must decide on the application within the period

referred to in regulation 16(5) of the Regulations.

112 Failure to act within time period

If no decision is made by the Municipal Planning Tribunal within the period required in terms of the Act, it is

considered undue delay for purposes of these By-Laws and the applicant or interested person may report the nonperformance of the Municipal Planning Tribunal or Land Development Officer to the municipal manager, who must report it

to the municipal council and mayor.

113 Powers to conduct routine inspections

(1)   An employee authorised by the Municipality may, in accordance with the requirements of this section, enter

land or a   building for the purpose of assessing an application in terms of this By-law and to prepare a report

contemplated in   section110.

(2)   When conducting an inspection, the authorised employee may—

(a) request that any record, document or item be produced to assist in the inspection;

(b)   make copies of, or take extracts from any document produced by virtue of paragraph (a) that is related

to the inspection;

(c)   on providing a receipt, remove a record, document or other item that is related to the inspection; or

(d)   inspect any building or structure and make enquiries regarding that building or structure.

(3)   No person may interfere with an authorised employee who is conducting an inspection as contemplated in

subsection (1). 

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(4)   The authorised employee must, upon request, produce identification showing that he or she is authorised by

the   Municipality to conduct the inspection.

(5)   An inspection under subsection (1) must take place at a reasonable time and after reasonable notice has

been given to   the owner or occupier of the land or building.

114 Determination of application

The Municipality may in respect of any application submitted in terms of this Chapter -(a) approve, in whole or in part, or refuse any application referred to it in accordance with this By-law;

(b) on the approval of any application, impose any reasonable conditions, including conditions related to

the provision of engineering services and the payment of any development charges;

(c) make an appropriate determination regarding all matters necessary or incidental to the performance of

its functions in terms of this By-law and provincial legislation;

(d) conduct any necessary investigation;

(e) give directions relevant to its functions to any person in the service of a Municipality or municipal entity;

(f)   decide any question concerning its own jurisdiction;

(g)   appoint a technical adviser to advise or assist in the performance of the Municipal Planning Tribunal’s

functions in terms of this By-law;

115 Notification of decision

(1) The Municipality must, within 21 days of its decision, in writing notify the applicant and any person whose

rights are   affected by the decision of the decision and their right to appeal if applicable.

(2) If the owner has appointed an agent, the owner must take steps to ensure that the agent notifies him or her of

the   decision of the Municipality.

116 Extension of timeforfulfilment of conditions of approval

(1) If an applicant wishes to request an extension of the time provided for in the approval in order to comply with

the   conditions of approval, this request must be in writing and submitted to the Municipality least 60 days in

advance of   the date on which the approval is due to lapse.

(2) Any request for an extension of time must be accompanied by the reasons for the request.

(3) The Municipality may not unreasonably withhold an approval for the extension of time.

(4) Following receipt of a request for an extension of time, the Municipality must issue a decision in writing to

the   applicant.

117 Duties of agent of applicant

(1)   The agent must ensure that all information furnished to the Municipality is accurate.

(2)   The agent must ensure that no misrepresentations are made.

(3) The provision of inaccurate, false or misleading information is an offence.

118 Errors and omissions

(1) The Municipality may at any time, with the written consent of the applicant or, if applicable, any party to the

application, correct an error in the wording of its decision provided that the correction does not change its decision or

results in an alteration, suspension or deletion of a condition of its approval.

(2)   The Municipality may, of its own accord or on application by an applicant or interested party, upon good cause

being shown, condone an error in the procedure provided that such condonation does not have material adverse impact

on or unreasonably prejudice any party.

119 Withdrawal of approval

(1) The Municipality may withdraw an approval granted for a consent use or temporary departure if the applicant

or owner fails to comply with a condition of approval.

(2) Prior to doing so, the Municipality must serve a notice on the owner—

(a) informing the owner of the alleged breach of the condition;

(b) instructing the owner to rectify the breach within a specified time period;

(c)   allowing the owner to make representations on the notice within a specified time period.

120 Procedure to withdraw an approval

(1)   The Municipality may withdraw an approval granted—

(a) after consideration of the representations made in terms of section 119(2)(c); and

(b)   if the Municipality is of the opinion that the condition is still being breached and not being complied with

at the end of the period specified in terms of section119(2)(b).

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(2)   If the Municipality withdraws the approval, the Municipality must notify the owner of the withdrawal of the

approval and instruct the owner to cease the activity immediately.

(3)   The approval is withdrawn from date of notification of the owner.

121 Exemptions to facilitate expedited procedures

The Municipality may in writing -(a)   exempt a development from compliance with the provisions of this By-law to reduce the financial or

administrative burden of—

(i) integratedprocedures as contemplated in section97;

(ii)   the provision of housing with the assistance of a state subsidy; or

(iii)   incremental upgrading of existing settlements;

(b)   in an emergency situation authorise that a development may depart from any of the provisions of this

By-law

CHAPTER 7

ENGINEERING SERVICES AND DEVELOPMENT CHARGES

Part A: Provision and Installation of Engineering Services

122 Responsibility for providing engineering services

(1) Every land development area must be provided with such engineering services as the Municipality may deem

necessary for the appropriate development of the land.

(2) An applicant is responsible for the provision and installation of internal engineering services required for a

development at his or her cost when an application is approved.

(3) The Municipality is responsible for the installation and provision of external engineering services, subject to

the payment of development charges first being received, unless the engineering services agreement referred to in section

124 provides otherwise.

123 Installation of engineering services

(1) The applicant must provide and install the internal engineering services, including private internal engineering

services,in accordance with the conditions of establishment and to the satisfaction of the Municipality, and for that purpose

the applicant must lodge with the Municipality such reports, diagrams and specifications as the Municipality may require.

(2) The Municipalitymust have regard to such standards as the Minister or the Member of the Executive Council

may determine for streets and storm water drainage, water, electricity and sewage disposal services in terms of the Act.

(3) If an engineering service within the boundaries of the land development area is intended to serve any other

area within the municipal area, such engineering service and the costs of provision thereof must be treated as an internal

engineering service to theextent that it serves the land development and as an external engineering service to the extent

that it serves any other development.

(4) The Municipality must, where any private roads, private open spaces or any other private facilities or

engineering services are created or to be constructed with the approval of any application set the standards for the width

and or any other matter required to provide sufficient access and engineering services; including but not limited to:

(a) roadways for purposes of sectional title schemes to be created;

(b) the purpose and time limit in which private roads, private engineering services and private facilities are

to be completed;

124 Engineering services agreement

(1) An applicant of an application and the Municipality must enter into an engineering service agreement if the

Municipality requires such agreement.

(2) The engineering services agreement must –

(a) classify the services as internal engineering services,  external engineering services  or private

engineering services;

(b) be clear when the applicant and the Municipality are to commence construction of internal engineering

services, whether private engineering services or not, and external engineering services, at which rate

construction of such services is to proceed and when such services must be completed;

(c) provide for the inspection and handing over of internal engineering servicesto the Municipality or the

inspection of private internal engineering services;

(d) determinethat the risk and ownership in respect of such services must pass to the Municipalityor the

owners’ association as the case may be, when the Municipality is satisfied that the services are

installed to its standards;

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(e) require the applicant to take out adequate insurance cover in respect of such risks as are insurable for

the duration of the land development; and

(f) provide for the following responsibilities after the internal services have been handed over to the

Municipality or the owners’ association:

(i) when normal maintenance by the relevant authority or owners’ association must commence;

(ii) the responsibility of the applicant for the rectification of defects in material and workmanship;

and

(iii) the rights of the relevant authority or owners’ association if the applicant fails to rectify any

defects within a reasonable period after having been requested to do so;

(g) if any one of the parties is to provide and install an engineering service at the request and at the cost

of the other, such service must be clearly identified and the cost or the manner of determining the cost

of the service must be clearly set;

(h) determine whether additional bulk services are to be provided by the Municipality and, if so, such

services must be identified;

(i) determine which party is responsible for the installation and provision of service connections to

residential, business, industrial, community facility and municipal erven, and the extent or manner, if

any, to which the costs of such service connections are to be recovered;

(j) define the service connections to be made which may include all service connections between internal

engineering services and the applicable erf or portion of the land and these include –

(i) a water-borne sewerage pipe terminating at a sewer connection;

(ii) a water-pipe terminating at a water meter; and

(iii) an electricity house connection cable terminating on the relevant erf; and

(k) clearly identify the level and standard of the internal engineering services to be provided and installed

and these include, amongst others –

(i) water reticulation;

(ii) sewerage reticulation, sewage treatment facilities and the means of disposal of effluent and

other products of treatment;

(iii) roads and storm-water drainage;

(iv) electricity reticulation (high and low tension);

(v) street lighting.

(3) The engineering services agreement may require that performance guarantees be provided, or otherwise,

with the provision that -(i) theobligations of the parties with regard to such guarantees are clearly stated;

(ii) such guarantee is irrevocable during its period of validity; and

(iii) such guarantee is transferable by the person to whom such guarantee is expressed to be

payable.

(4) Where only basic services are to be provided initially, the timeframes and the responsibility of the parties for

the upgrading (if any) of services must be recorded in the engineering services agreement.

125 Abandonment or lapsing of application

Where an applicationis abandoned by the applicant or has lapsed in terms of any provision in terms of the Act,

provincial legislation or conditions or this By-law, the engineering services agreement referred to in section124 lapses and

if the ownerhad installed any engineering services before the lapsing of the application in terms of the engineering

services agreement,he or she must have no claim against the Council with regard to the provision and installation of any

engineering services of whatsoever nature.

126 Internal and external engineering services

For the purpose of this Chapter:

(a) "external engineering services" has the same meaning as defined in section 1 of the Act and consist

of both "bulk services" and "link services";

(b) "bulk services" means all the primary water, sewerage, waste disposal, sewage treatment facilities

and means of disposal of effluent and other products of treatment, electricity and storm-water services,

as well as the road network in the system to which the internal services are to be linked by means of

link services;

(c) "link services"  means all new services necessary to connect the internal services to the bulk

services; and

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(d) "internal engineering services"has the same meaning as defined in section 1 of the Act and

includes any link services linking such internal services to the external engineering services.

Part B: Development Charges

127 Payment of development charge

(1) The Municipality must develop a policy for development charges and may levy a development charge in

accordance with the policy, for the provision of -(a) the engineering services contemplated in this Chapter where it will be necessary to enhance or

improve such services as a result of the commencement of the amendment scheme; and

(b) open spaces or parksor other uses, such as social facilities and services, where the commencement of

the amendment scheme will bring about a higher residential density.

(2) If an application is approved by the Municipal Planning Tribunal subject to, amongst others, the payment of a

development charge or an amendment scheme comes into operation, the applicant or owner of the land to which the

scheme relates, must be informed of the amount of the development charge and must, subject to section 124, pay the

development charge to the Municipality.

(3) An owner who is required to pay a development charge in terms of this By-lawmust pay such development

charge to the Municipality before:

(a) any land use right is exercised;

(b) any connection is made to the municipal bulk infrastructure;

(c) a written statement contemplated in section 118 of the Municipal System Actis furnished in respect of

the land;

(d) a building plan is approved in respect of:

(i) the proposed alteration of or addition to an existing building on the land;

(ii) the erection  of a new building on the land, where that building plan, were it not for the

commencement of the amendment scheme, would have been in conflict with the land use

scheme in operation;

(e) the land is used in a manner or for a purpose which, were it not for the commencement of the

amendment scheme, would have been in conflict with the land use scheme in operation.

128 Offset of development charge

(1) An agreement concluded between the Municipality and the applicant in terms of section 49(4) of the Act, to

offset the provision of external engineering services and, if applicable, the cost of internal infrastructure where additional

capacity is required by the Municipality, against the applicable development charge, must be in writing and must include

the estimated cost of the installation of the external engineering services.

(2) The owner must submit documentary proof of the estimated cost of the installation of the external engineering

services.

(3) The amount to be offset against the applicable development charge must be determined by the Municipality.

(4) If the cost of the installation of the external engineering services exceeds the amount of the applicable

development charge, the Municipality may refund the applicant or the owner if there are funds available in the

Municipality’s approved budget.

(5) This section does not oblige the Municipality to offset any costs incurred in the provision of external

engineering services other than that which may have been agreed upon in the engineering services agreement

contemplated in section 124.

129 Payment of development charge in instalments

The Municipality may -

(a) in the circumstances contemplated in  section 128(1), allow payment of the development charge

contemplated in section127 in instalments agreed to in the engineering services agreement which

must comply with the timeframes provided for in the Municipality’s Credit Control and Debt Collection

By-Law or policy, or if last-mentioned By-Law does not provide for such instalments,over a period not

exceeding three years;

(b) in any case, allow payment of the development charge contemplated in section 127 to be postponed

for a period not exceeding three months where security for the payment is given to its satisfaction;

(c) in exercising the power conferred by subparagraphs (a) or (b), impose any condition, including a

condition for the payment of interest.

130 Refund of development charge

No development charge paid to the Municipality in terms of section127 or any portion thereof must be refunded to an

applicant or owner: Provided that where the owner paid the applicablecharge prior to the land use rights coming into

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operation and the application is abandoned in terms of section125 the Municipality may, on such terms and conditions as

it may determine, authorise the refund of development charges or any portion thereof.

131 General matters relating to contribution charges

(1) Notwithstanding any provision to the contrary, where a development charge or contribution for open space is

paid to the Municipality, such funds must, in terms of the provisions of the Municipal Finance Management Act, 2003 (Act

No. 56 of 2003), be kept separate and only applied by the Municipality towards the improvement and expansion of the

services infrastructure or the provision of open space or parking, as the case may be, to the benefit and in the best

interests of the general area where the land area is situated or in the interest of a community that occupies or uses such

land area.

(2) The Municipality must annually prepare a report on the application fees and development charges paid to the

Municipality together with a statement of the Municipality’s infrastructure expenditure and must submit such report and

statement to the Premier.

CHAPTER 8

APPEAL PROCEDURES

PART A: ESTABLISHMENT OF MUNICIPAL APPEAL TRIBUNAL

132 Establishment of Municipal Appeal Tribunal

(1) The Municipality must, if it decides to implement section 51(6) of the Act, establish a Municipal Appeal

Tribunal in accordance with the provisions of this Part and the Municipal Appeal Tribunal is hereby authorised to assume

the obligations of the appeal authority.

(2) The Municipality may, if it is a member of a joint Municipal Planning Tribunal, in writing, agree with the other

party to the joint Municipal Planning Tribunal agreement, to establish a joint Municipal Appeal Tribunal and the joint

Municipal Appeal Tribunal is hereby authorised to assume the obligations of the appeal authority.

(3) An agreement to establish a joint Municipal Appeal Tribunal must describe the rights, obligations and

responsibilities of the participating municipalities and must provide for -(a) the name and demarcation code of each of the participating municipalities;

(b) the budgetary, funding and administrative arrangements for the joint Municipal Appeal Tribunal;

(c) the manner of appointment of members to the joint Municipal Appeal Tribunal, the filling of vacancies

and the replacement and recall of the officials;

(d) the appointment of a chief presiding officer;

(e) the appointment of a nominee to inspect, at any time during normal business hours, the records,

operations and facilities of the joint Municipal Appeal Tribunal on behalf of the participating

municipalities;

(f) determine the conditions for, and consequences ofthe withdrawal from the agreement of a

participating municipality;

(g) determine the conditions for, and consequences of, the termination of the agreement, including the

method and schedule for winding-up the operations of the joint Municipal Appeal Tribunal; and

(h) any other matter relating to the proper functioning of the joint Municipal Appeal Tribunal.

(4) The Municipality must, within 30 days after signing of the agreement contemplated in this section, authorise

the joint Municipal Appeal Tribunal to assume the obligations of the appeal authority.

(5) The Municipality must, within 30 days after the authorisation referred to in subsection (2) publish a notice of

the agreement in the Provincial Gazette and a newspaper circulating in the municipal area of the Municipalityin two official

languages determined by the Council, having regard to language preferences and usage within its municipal area, as

contemplated in section 21 of the Municipal Systems Act.

(6) If a joint Municipal Appeal Tribunal is established in terms of this Part, a person who wants to appeal a

decision taken by the joint Municipal Planning Tribunal must appeal against that decision to the joint Municipal Appeal

Tribunal.

(7) Any reference in this Part to the Municipal Appeal Tribunal is, unless the circumstances indicate otherwise,

a reference to the joint Municipal Appeal Tribunal.

133 Institutional requirements for establishment of Municipal Appeal Tribunal

(1) A municipality, in establishing a Municipal Appeal Tribunal in terms of section132,must, amongst others –

(a) determine the terms and conditions of service of the members of the Municipal Appeal Tribunal;

(b) identify any additional criteria that a person who is appointed as a member of the Municipal Appeal

Tribunal must comply with;

(c) consider the qualifications and experience of the persons it is considering for appointment to the

Municipal Planning Tribunal, make the appropriate appointments and designate thechief presiding

officer;

(f) inform the members in writing of their appointment;

(g) publish the names of the members of the Municipal Appeal Tribunal and their term of office;

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(h) determine the location of the office where the Municipal Appeal Tribunal must be situated; and

(i) develop and approve operational procedures for the Municipal Appeal Tribunal.

(2) The Municipality may not appoint any person to the Municipal Appeal Tribunal if that person -

(a) is disqualified from appointment as contemplated in section 135; or

(b) if he or she does not possess the knowledge or experience required in terms of section134 or the

additional criteria determined by the Municipality in terms of subsection (1)(b).

(3) The Council must –

(a) remunerate members of the Municipal Appeal Tribunal for each hearing of the Municipal Appeal

Tribunal in accordance with the rates determined by Treasury; and

(b) designate an employee of the Municipality or appoint a person as secretary to the Municipal Appeal

Tribunal.

134 Composition, term of office and code of conductof Municipal Appeal Tribunal

(1) The Municipal Appeal Tribunal must consist of between 4 and 6 members which must include at least:

(a) one member who is a professional plannerand who has appropriate experience;

(b) one member who is qualified in law and who has appropriate experience; and

(c) one member who is registered as a professional with the Engineering Council of South Africa in

terms of the Engineering Profession Act, 2000.

(2) The chief presiding officer must designate at least three members of the Municipal Appeal Tribunal to hear,

consider and decide a matter which comes before it and must designate one member as the presiding officer.

(3) No Member of Parliament, the Provincial Legislator or a House of Traditional Leaders, a councillor or

employee of the Municipality may be appointed as a member of the Municipal Appeal Tribunal.

(4) No member of the Municipal Planning Tribunal or joint Municipal Planning Tribunal may serve on the

Municipal Appeal Tribunal.

(5) If a person referred to in subsection (3) or (4) is a member of the Municipal Appeal Tribunal hearing the

appeal, his or her membership renders the decision of the Municipal Appeal Tribunal on that matter void.

(6) The term of office of the members of the Municipal Appeal Tribunal is five years.

(7) After the first terms of office of five years referred to in subsection (6) has expired the appointment of

members of the Municipal Appeal Tribunal for the second and subsequent terms of office must be in accordance with the

provisions of this Part.

(8) A member whose term of office has expired may be re-appointed as a member of the Municipal Appeal

Tribunal.

(9) Members of the Municipal Appeal Tribunal must sign and uphold the code of conduct contemplated in

Schedule 16.

135 Disqualification from membership of Municipal Appeal Tribunal

(1) A person may not be appointed or continue to serve as a member of the Municipal Appeal Tribunal, if that

person –

(a) is not a citizen of the Republic, and resident in the province;

(b) is a member of Parliament, a provincial legislature,House of Traditional Leaders or theCouncil or is

an employee of the Municipality;

(c) is an un-rehabilitated insolvent;

(d) is of unsound mind, as declared by a court;

(e) has at any time been convicted of an offence involving dishonesty;

(f) has at any time been removed from an office of trust on account of misconduct; or

(g) has previously been removed from a Municipal Planning Tribunal or Municipal Appeal Tribunal for a

breach of any provision of this Act.

(2) A member must vacate office if that member becomes subject to a disqualification as contemplated in

subsection (1).

136 Termination of membership of Municipal Appeal Tribunal

(1) A person’s membership of the Municipal Appeal Tribunal may be terminated by a decision of the

Municipalities if there are good reasons for doing so after giving such member an opportunity to be heard.

(2) The reasons for removal referred to in subsection (1) may include, but are not limited to –

(a)   misconduct, incapacity or incompetence; and

(b) failure to comply with any provisions of the Act or this By-Law.

(3) If a member’s appointment is terminated or a member resigns, the Municipality must publish the name of a

person selected by the Municipality to fill the vacancy for the unexpired portion of the vacating member’s term of office.

(4) The functions of the Municipal Appeal Tribunal must not be affected if any member resigns or his or her

appointment is terminated.

137 Status of decision of joint Municipal Appeal Tribunal

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A decision of a joint Municipal Appeal Tribunal relating to land located in the municipal area of the Municipality is

binding on the parties to the appeal and the Municipality.

PART B: MANAGEMENT OF AN APPEAL AUTHORITY

138 Presiding officer of appeal authority

The presiding officer of the appeal authority is responsible for managing the judicial functions of that appeal

authority.

139 Bias and disclosure of interest

(1) No presiding officer or memberof the appeal authority may sit at the hearing of an appeal against a decision of

a Municipal Planning Tribunal if he or she was a member of that Municipal Planning Tribunal when the decision was made

or if he or she was the Land Development Officer and he or she made the decision that is the subject of the appeal.

(2) A member of the appeal authority-

(a) must make full disclosure of any conflict of interest including any potential conflict of interest in any

matter which he or she is designated to consider;

(b) may not attend, participate or vote in any proceedings of the appeal authority in relation to any matter

in respect of which the member has a conflict of interest.

(3) A presiding officer or member of an appeal authority who has or appears to have a conflict of interest as

defined in this section must recuse himself or herself from the appeal hearing.

(4) A party may in writing to the appeal authority request the recusal of the presiding officer or member of that

appeal authority on the grounds of conflict of interest and the presiding officer must decide on the request and inform the

party of the decision in writing.

(5) A decision by a presiding officer or member to recuse himself or herself or a decision by the appeal authority

to recuse a presiding officer or member, must be communicated to the parties concerned by the registrar.

(6) For the purpose of this Chapter “conflict of interest” means any factor that may impair or reasonable give the

appearance of impairing the ability of a member of an appeal authority to independently and impartially adjudicate an

appeal assigned to the appeal authority.

(7) A conflict of interest arises where an appeal assigned to an appeal authority involves any of the following:

(a) A person with whom the presiding officeror member has a personal, familiar or professional

relationship;

(b) a matter in which the presiding officeror member has previously served in another capacity, including

as an adviser, counsel, expert or witness; or

(c) any other circumstances that would make it appear to a reasonable and impartial observer that the

presiding officer’sor member’s participation in the adjudication of the matter would be inappropriate.

140 Registrar of appeal authority

(1) The municipal manager of a municipality is the registrar of the appeal authority.

(2) Notwithstanding the provisions of subsection (1), a municipal council may appoint a person or designate an

official in its employ, to act as registrar of the appeal authority.

(3) Whenever by reason of absence or incapacity any registrar is unable to carry out the functions of his or her

office, or if his or her office becomes vacant, the municipal council may, after consultation with the presiding officer of the

appeal authority, authorise any other competent official in the public service to act in the place of the absent or

incapacitated registrar during such absence or incapacity or to act in the vacant office until the vacancy is filled.

(4) Any person appointed or designated under subsection (2) or authorised under subsection (3) may hold more

than one office simultaneously.

141 Powers and duties of registrar

(1) The registrar is responsible for managing the administrative affairs of the appeal authority and, in addition to

the powers and duties referred to in this Chapter, has all the powers to do what is necessary or convenient for the effective

and efficient functioning of the appeal authority and to ensure accessibility and maintenance of the dignity of the appeal

authority.

(2) The duties of the registrar include –

(a) the determination of the sitting schedules of the appeal authority;

(b) assignment of appeals to the appeal authority;

(c) management of procedures to be adhered to in respect of case flow management and the finalisation

of any matter before the appeal authority;

(d) transmit all documents and make all notifications required by the procedures laid down in the provincial

spatial planning and land use management legislation;

(e) the establishment of a master registry file for each case which must record –

(i) the reference number of each appeal;

(ii) the names of the parties;

(iii) all actions taken in connection with the preparation of the appeal for hearing;

(iv) the dates on which any document or notification forming part of the procedure is received in or

dispatched from his or her office;

(v) the date of the hearing of the appeal;

(vi) the decision of the appeal authority;

(vii) whether the decision was unanimous or by majority vote; and

(viii) any other relevant information.

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(3) The presiding officer of the appeal authority may give the registrar directions regarding the exercise of his or

her powers under this Chapter.

(4) The registrar must give written notice to the presiding officer of all direct or indirect pecuniary interest that he

or she has or acquires in any business or legal person carrying on a business.

PART C: APPEAL PROCESS

142 Commencing of appeal

An appellant must commence an appeal by delivering aNotice of Appeal approved by the Council to the registrarof

the relevant appeal authority and the parties to the original applicationwithin 21 days as contemplated in section 51 of the

Act.

143 Notice of appeal

(1) A Notice of Appeal must clearly indicate:

(a) whether the appeal is against the whole decision or only part of the decision and if only a part, which

part;

(b) where applicable, whether the appeal is against any conditions of approval contemplated in section

54 of an application and which conditions;

(c) the grounds of appeal including any findings of fact or conclusions of law;

(d) a clear statement of the relief sought on appeal;

(e) any issues that the appellant wants the appeal authority to consider in making its decision; and

(f) a motivation of an award for costs.

(2) An appellant may, within seven days from receipt of a notice to oppose an appeal amend the notice of

appeal and must submit a copy of the amended notice to the appeal authorityand to every respondent.

144 Notice to oppose an appeal

A notice to oppose an appeal must be delivered to the registrar of the appeal authority within 21 days from delivery

of the notice of appeal referred to in section 143 and it must clearly indicate:

(a) whether the whole or only part of the appeal is opposed and if only a part, which part;

(b) whether any conditions of approval contemplated in section 54 of an application are opposed and

which conditions;

(c) whether the relief sought by the appellant is opposed;

(d) the grounds for opposing the appeal including any finding of fact or conclusions of law in dispute;

(e) a clear statement of relief sought on appeal.

145 Screening of appeal

(1) When the appeal authority receives a Notice of Appeal, it must screen such Notice to determine whether:

(a) It complies with the formapproved by the Council;

(b) it is submitted within the required time limit; and,

(c) the appeal authority has jurisdiction over the appeal.

(2) If a Notice of Appeal does not comply with the formapproved by the Council, the appeal authority must

return the Notice of Appeal to the appellant, indicating what information is missing and require that information to be

provided and returned to the appeal authority by the appellant within a specific time period.

(3) If the Notice of Appeal is not provided and returned to the appeal authority with the requested information

within the specified time period, the appellant’s appeal will be considered abandoned and the appeal authority must notify

the parties in writing accordingly.

(4) If the Notice of Appeal is received by the appeal authority after the required time limit has expired, the party

seeking to appeal is deemed to have abandoned the appeal and the appeal authority will notify the parties in writing.

(5) If the appeal relates to a matter that appears to be outside the jurisdiction of the appeal authority, it must

notify the parties in writing.

(6) The appeal authority may invite the parties to make submissions on its jurisdiction and it will then determine,

based on any submissions received, if it has jurisdiction over the appeal and must notify the parties in writing of the

decision.

(7) The provisions of this section apply, with the necessary changes, to a notice to oppose an appeal

contemplated in section 144.

PART D: PARTIES TO AN APPEAL

146 Parties to appeal

(1) The parties to an appeal before an appeal authority are:

(a) the appellant who has lodged the appeal with the appeal authority in accordance with section 51(1)

of the Act;

(b) the applicant, if the applicant is not the appellant as contemplated in paragraph (a);

(c) theMunicipal Planning Tribunal that or the Land Development Officer who made the decision;

(d) any person who has been made a party to theproceeding by the appeal authority after a petition to

the appeal authority under section 45(2) of the Act to be granted intervener status.

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147 Intervention by interested person

(1) Where an appeal has been lodged by an appellant to the appeal authority, an interested person referred to

in section 45(2) of the Act may, at any time during the proceedings,petition the appeal authority in writing on the form

approved by Council to be granted intervener status on the grounds that his or her rights may have been affected by the

decision of the Municipal Planning Tribunal or Land Development Officer and might therefore be affected by the

judgement of the appeal authority.

(2) The petitioner must submit together with the petition to be granted intervener status an affidavit stating that

he or she –

(a) does not collude with any of the appellants; and

(b) is willing to deal with or act in regard to the appeal as the appeal authority may direct.

(3) The registrar must determine whether the requirements of this section have been complied with and must

thereafter transmit a copy of the form to the parties of the appeal.

(4) The presiding officer of the appeal authority must rule on the admissibility of the petitioner to be granted

intervener status and the decision of the presiding officer is final and must be communicated to the petitioner and the

parties by the registrar.

PART E: JURISDICTION OF APPEAL AUTHORITY

148 Jurisdiction of appeal authority

An appeal authority may consider an appeal on one or more of the following:

(a) the administrative action was not procedurally fair as contemplated in the Promotion of Administrative

Justice Act, 2000 (Act No. 3 of 2000); and

(b) the merits of the application.

149 Written or oral appeal hearing by appeal authority

An appeal may be heard by an appeal authority by means of a written hearing and if it appears to the appeal

authority that the issues for determination of the appeal cannot adequately be determined in the absence of the parties by

considering the documents or other material lodged with or provided to it, by means of an oral hearing.

150 Representation before appeal authority

At an oral hearing of an appeal before an appeal authority, a party to the proceeding may appear in person or may

be represented by another person.

151 Opportunity to make submissions concerning evidence

The appeal authoritymust ensure that every party to a proceeding before the appeal authority is given a reasonable

opportunity to present his or her case and, in particular, to inspect any documents to which the appeal authority proposes

to have regard in reaching a decision in the proceeding and to make submissions in relation to those documents.

PART F: HEARINGS OF APPEAL AUTHORITY

152 Notification of date, time and place of hearing

(1) The appeal authority must notify the parties of the date, time and place of a hearing at least 14 days before

the hearing commences.

(2) The appeal authority will provide notification of the hearing to the appellant at the appellant’s address for

delivery.

153 Hearing date

(1) A hearing will commence on a date determined by the registrar, which hearing may not take place later than

60 days from the date on which the completed Notice of Appeal was delivered to the appeal authority, provided that the

interested parties were informed of the hearing date at least 30 days prior to the hearing date.

(2) The parties and the presiding officer may agree to an extension of the date referred to in subsection (1).

154 Adjournment

(1) If a party requests an adjournment more than one day prior to the hearing, the party must obtain the written

consent of the other party and the presiding officer of the appeal authority.

(2) The party requesting an adjournment must deliver to the appeal authoritya completed form including

reasons for the request.

(3) The appeal authoritywill notify the parties in writing of the decision of the presiding officer of the appeal

authority.

(4) If the presiding officer of the appeal authority or the other party does not consent to the request for an

adjournment, the hearing will not be adjourned.

(5) If a party requests an adjournment within one day prior to the hearing, the request must be made to the

appeal authority at the hearing and may be made notwithstanding that a prior request was not consented to.

155 Urgency and condonation

(1) The registrar may – 

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(a) on application of any party to an appeal, direct that the matter is one of urgency, and determine such

procedures, including time limits, as he or she may consider desirable to fairly and efficiently resolve

the matter;

(b) on good cause shown, condone any failure by any party to an appeal to comply with thisBy-Law or any

directions given in terms hereof, if he or she is of the opinion that such failure has not unduly

prejudiced any other person;

(2) Every application for condonation made in terms of this section must be –

(a) served on the registrar;

(b) accompanied by a memorandum setting forth the reasons for the failure concerned; and

(c) determined by the presiding officer in such manner as he or she considers proper.

(3) Where a failure is condoned in terms of subsection(1)(b), the applicant for condonation must comply with the

directions given by the registrar when granting the condonation concerned.

156 Withdrawal of appeal

An appellant or any respondent may, at any time before the appeal hearing, withdraw an appeal or opposition to an

appealand must give notice of such withdrawal to the registrar and all other parties to the appeal.

PART G: ORAL HEARING PROCEDURE       

 

157 Location of oral hearing

An oral hearingmust be held in a location within the area of jurisdiction of the Municipality but must not be held where

the Municipal Planning Tribunalsits or the office of the Land Development Officerwhosedecision is under appeal.

158 Presentation of each party’s case

(1) Each party has the right to present evidence and make arguments in support of that party’s case.

(2) The appellant will have the opportunity to present evidence and make arguments first, followed by the

Municipal Planning Tribunal or the Land Development Officer.

159 Witnesses

(1) Each party may call witnesses to give evidence before the panel.

(2) A witness may not be present at the hearing before giving evidence unless the witness is:

(a) an expert witness in the proceedings;

(b) a party to the appeal; or

(c) a representative of a party to the appeal.

160 Proceeding in absence of party

(1) If a party does not appear at an oral hearing, the appeal authority may proceed in the absence of the party if

the party wasnotified of the hearing.

(2) Prior to proceeding, the appeal authority must first determine whetherthe absent party received notification

of the date, time andplace of the hearing.

(3) If the notice requirement was not met, the hearing cannotproceed and the presiding officer of the appeal

authority must reschedule the hearing.

161 Recording

Hearings of the appeal authority mustbe recorded.

162 Oaths

Witnesses (including parties) are required to giveevidence under oath or confirmation.

163 Additional documentation

(1) Any party wishing to provide the appeal authority with additional documentation not included in the appeal

record should provide it to the appeal authority at least three days before the hearing date.

(2) The registrarmust distribute the documentation to the other party and the members of the appeal authority.

(3) If the party is unable to provide the additional documentation to the appeal authority at least 3 days prior to

the hearing, the party may provide it to the appeal authority at the hearing.

(4) The party must bring copies of the additional documentation for the members of the appeal authority and the

other party.

(5) If the additional documentation brought to the hearing is substantive or voluminous, the other party may

request an adjournment from the appeal authority.

PART G: WRITTEN HEARING PROCEDURE              

 

164 Commencement of written hearing

The written hearing process commences with the issuanceof a letter from the appeal authority to the parties

establishing asubmissions schedule.

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165 Presentation of each party’s case in written hearing

(1) Each party must be provided an opportunity to provide written submissions to support their case.

(2) The appellant will be given 21days to provide a written submission.

(3) Upon receipt of the appellant’s submission within the timelines, the appeal authority must forward the

appellant’s submission to the Municipal Planning Tribunalor the Land Development Officer.

(4) The Municipal Planning Tribunal  or the Land Development Officerhas 21days in which to provide a

submission in response.

(5) If no submission is received by a party in the time established in the submissions schedule, it will be

deemed that the party declined the opportunity to provide a submission.

166 Extension of time to provide a written submission

(1)  If a party wishes to request an extension of the time established to provide a written submission, this

request must be in writing to the appeal authority in advance of the date on which the submission is due.

(2) Any request for an extension must be accompanied by the reasons for the request.

(3) Following receipt of a request for an extension of time, the appeal authority will issue a decision in writing to

the parties.

167 Adjudication of written submissions

(1) Following receipt of any written submissions from the parties, the registrar must forward the appeal record,

which includes the written submissions, to the appeal authority for adjudication.

(2) If no written submissions are received from the parties, the registrar will forward the existing appeal record

to the appeal authority for adjudication.

(3) Any submission received after the date it was due but before the appeal authority for adjudication has

rendered its decision will be forwarded to the presiding officer of the appeal authority to decide whether or not to accept

the late submission.

(4) The appeal authoritymust issue a decision in writing to the parties and, if the submission is accepted, the

other party will be given seven days to provide a written submission in response.

PART I: DECISION OF APPEAL AUTHORITY

168 Further information or advice

After hearing all parties on the day of the hearing, the appeal authority –

(a) may in considering its decision request any further information from any party to the appeal hearing

or conduct any investigation which it considers necessary;

(b) may postpone the matter for a reasonable period to obtain further information or advice, in which

case it must without delay make a decision as contemplated by paragraph (c);

(c) must within 21 days after the last day of the hearing, issue its decision on the appeal together with

the reasons therefor.

169 Decision of appeal authority

(1) The appeal authority may confirm, vary or revoke the decision of the Municipal Planning Tribunal or Land

Development Officer and may include an award of costs.

(2) The presiding officer must sign the decision of the appeal authority and any order made by it.

170 Notification of decision

The registrar mustnotify the parties of the decision of the appeal authority in terms of section 169, together with the

reasons therefor within seven days after the appeal authority handed down its decision.

171 Directives to municipality

The appeal authority must, in its decision, give directives to the Municipality concerned as to how such a decision

must be implemented and which of the provisions of the Act and the Regulations have to be complied with by the

municipality as far as implementation of the decision is concerned.

PART I: GENERAL

172 Expenditure

Expenditure in connection with the administration and functioning of the appeal authority must be defrayed from

moneys appropriated by the Municipality.

CHAPTER 9

COMPLIANCE AND ENFORCEMENT

173 Enforcement

The Municipality must comply and enforce compliance with—

(a) the provisions of this By-law; 

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(b) the provisions of a land use scheme;

(c) conditions imposed in terms of this By-law or previous planning legislation; and

(d) title deed conditions.

174 Offences and penalties

(1) Any person who—

(a) contravenes or fails to comply with sections58 and 65 and subsection (2);

(b) fails to comply with a compliance notice served in terms of section175;

(c) utilises land in a manner other than prescribed by the land use scheme of the Municipality;

(d) supplies particulars, information or answers in an application or in an appeal to a decision on an

application, knowing it to be false, incorrect or misleading or not believing them to be correct;

(e) falsely professes to be an authorised employee or the interpreter or assistant of an authorised

employee; or

(f) hinders or interferes an authorised employee in the exercise of any power or the performance of any

duty of that employee;

(g) upon registration of the first land unit arising from a township establishment or a subdivision, fails to

transfer all common property, including private roads and private places origination from the

subdivision, to the owners’ association,

is guilty of an offence and is liable upon conviction to a fine or imprisonment not exceeding a period of 20

years or to both a fine and such imprisonment.

(2) An owner who permits land to be used in a manner set out in subsection (1)(c) and who does not cease that use

or take reasonable steps to ensure that the use ceases, or who permits a person to breach the provisions of the land use

scheme of the Municipality, is guilty of an offence and liable upon conviction to a fine or imprisonment for a period not

exceeding 20 years or to both a fine and such imprisonment.

(3) A person convicted of an offence under this By-law who, after conviction, continues with the action in respect

of which he or she was so convicted, is guilty of a continuing offence and liable upon conviction to imprisonment for a

period not exceeding three months or to an equivalent fine or to both such fine and imprisonment, in respect of each day

on which he or she so continues or has continued with that act or omission.

(4) A Municipality must adopt fines and contravention penalties to be imposed in the enforcement of this By-law.

175 Service of compliance notice

(1) The Municipality must serve a compliance notice on a person if it has reasonable grounds to suspect that the

person or owner is guilty of an offence contemplated in terms of section174.

(2) A compliance notice must direct the occupier and owner to cease the unlawful land use or construction

activity or both, forthwith or within the time period determined by the Municipality and may include an instruction to—

(a) demolish unauthorised building work and rehabilitate the land or restore the building, as the case may

be, to its original form within 30 days or such other time period determined by the Municipal Manager;

or

(b) submit an application in terms of this By-law within 30 days of the service of the compliance notice and

pay the contravention penalty.

(3) A person who has received a compliance notice with an instruction contemplated in subsection (2)(a) may not

submit an application in terms of subsection (2)(b).

(4) An instruction to submit an application in terms of subsection (2)(b) must not be construed as an indication

that the application will be approved.

(5) In the event that the application submitted in terms of subsection (2)(b) is refused, the owner must demolish

the unauthorised work.

(6) A person who received a compliance notice in terms of this section may lodge representations to the

Municipality within 30 days of receipt of the compliance notice.

176 Content of compliance notices

(1) A compliance notice must—

(a) identify the person to whom it is addressed;

(b) describe the activity concerned and the land on which it is being carried out;

(c) state that the activity is illegal and inform the person of the particular offence contemplated in

section174 which that person allegedly has committed or is committing through the carrying on of that

activity;

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(d) the steps that the person must take and the period within which those steps must be taken;

(e) anything which the person may not do, and the period during which the person may not do it;

(f) provide for an opportunity for a person to lodge representations contemplated in terms of section177

with the contact person stated in the notice;

(g) issue a warning to the effect that—

(i) the person could be prosecuted for and convicted of and offence contemplated in section174;

(ii) on conviction of an offence, the person will be liable for the penalties as provided for;

(iii) the person could be required by an order of court to demolish, remove or alter any building,

structure or work illegally erected or constructed or to rehabilitate the land concerned or to

cease the activity;

(iv) in the case of a contravention relating to a consent use or temporary departure, the approval

could be withdrawn;

(v) in the case of an application for authorisation of the activity or development parameter, that a

contravention penalty including any costs incurred by the Municipality, will be imposed;

(2) Any person who receives a compliance notice must comply with that notice within the time period stated in the

notice unless the Municipality has agreed to suspend the operation of the compliance notice in terms of section177.

177 Objections to compliance notice

(1) Any person or owner who receives a compliance notice in terms of section 175may object to the notice by

making written representations to the Municipal Manager within 30 days of receipt of the notice.

(2) Subject to the consideration of any objections or representations made in terms of subsection (1) and any

other relevant information, the Municipal Manager—

(a) may suspend, confirm, vary or cancel a notice or any part of the notice; and

(b) must specify the period within which the person who received the notice must comply with any part of

the notice that is confirmed or modified.

178 Failure to comply with compliance notice

If a person fails to comply with a compliance notice the Municipality may—

(a) lay a criminal charge against the person;

(b) apply to an applicable court for an order restraining that person from continuing the illegal activity, to

demolish, remove or alter any building, structure or work illegally erected or constructed without the

payment of compensation or to rehabilitate the land concerned; or

(c) in the case of a temporary departure or consent use, the Municipality may withdraw the approval

granted and then act in terms of section 175.

179 Urgent matters

(1) In cases where an activity must be stopped urgently, the Municipality may dispense with the procedures set

out above and issue a compliance notice calling upon the person or owner to cease immediately.

(2) If the person or owner fails to cease the activity immediately, the Municipality may apply to any applicable

court for an urgent interdict or any other relief necessary.

180 Subsequent application for authorisation of activity

(1) If instructed to rectify or cease an unlawful land use or building activity, a person may make an application to

the Municipality for any land development contemplated in Chapter 5, unless the person is instructed under section 175 to

demolish the building work.

(2) The applicant must, within 30 days after approval is granted, pay to the Municipality a contravention penalty in the

amount determined by the Municipality.

181 Power of entry for enforcement purposes

(1) An authorised employee may, with the permission of the occupier or owner of land, at any reasonable time,

and without a warrant, and without previous notice, enter upon land or enter a building or premises for the purpose of

ensuring compliance with this By-law.

(2) An authorised employee must be in possession of proof that he or she has been designated as an authorised

employee for the purposes of this By-law.

(3) An authorised employee may be accompanied by an interpreter, a police official or any other person who may

be able to assist with the inspection.

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182 Power and functions of authorised employee

(1) In ascertaining compliance with this By-law as contemplated in section 173, an authorised employee may

exercise all the powers and must perform all the functions granted to him or her under section 32 of the Act.

(2) An authorised employee must not have a direct or indirect personal or private interest in the matter to be

investigated.

183 Warrant of entry for enforcement purposes

(1) A magistrate for the district in which the land is situated may, at the request of the Municipality, issue a

warrant to enter upon the land or building or premises if the—

(a) prior permission of the occupier or owner of land cannot be obtained after reasonable attempts; or

(b) purpose of the inspection would be frustrated by the prior knowledge thereof.

(2) A warrant referred to in subsection (1) may be issued by a judge of any applicable court or by a magistrate

who has jurisdiction in the area where the land in question is situated, and may only be issued if it appears to the judge or

magistrate from information on oath that there are reasonable grounds for believing that—

(a) an authorised employee has been refused entry to land or a building that he or she is entitled to

inspect;

(b) an authorised employee reasonably anticipates that entry to land or a building that he or she is entitled

to inspect will be refused;

(c) there are reasonable grounds for suspecting that a contravention contemplated in section174 has

occurred and an inspection of the premises is likely to yield information pertaining to that

contravention; or

(d) the inspection is reasonably necessary for the purposes of this By-law.

(3) A warrant must specify which of the acts mentioned in section 182 may be performed under the warrant by the

person to whom it is issued and authorises the Municipality to enter upon the land or to enter the building or premises and

to perform any of the acts referred to in section 182 as specified in the warrant on one occasion only, and that entry must

occur -(a) within one month of the date on which the warrant was issued; and

(b) at a reasonable hour, except where the warrant was issued on grounds of urgency.

184 Regard to decency and order

The entry of land, a building or structure under this Chapter must be conducted with strict regard to decency and

order, which must include regard to—

(a) a person’s right to respect for and protection of his or her dignity;

(b) the right to freedom and security of the person; and

(c) the right to a person’s personal privacy.

185 Court order

Whether or not a Municipality has instituted proceedings against a person for an offence contemplated in section174,

the Municipality may apply to an applicable court for an order compelling that person to—

(a) demolish, remove or alter any building, structure or work illegally erected or constructed;

(b) rehabilitate the land concerned;

(c) compelling that person to cease with the unlawful activity; or

(d) any other appropriate order.

CHAPTER 10

TRANSITIONAL PROVISIONS

186 Transitional provisions

(1) Any application or other matter in terms of any provision of National or Provincial legislation dealing with

applications that are pending before the Municipality on the date of the coming into operation of this By-law, must be dealt

with in terms of that legislation or if repealed in terms of its transitional arrangements or in the absence of any other

provision, in terms of this By-law, read with section 2(2) and section 60 of the Act;

(2) Where on the date of the coming into operation of an approved land use scheme in terms of section 26(1) of

the Act, any land or building is being used or, within one month immediately prior to that date, was used for a purpose

which is not a purpose for which the land concerned has been reserved or zoned in terms of the provisions of a land use

scheme in terms of this By-law read with section 26of the Act, but which is otherwise lawful and not subject to any

prohibition in terms of this By-law, the use for that purpose may, subject to the provisions of this subsection (3), be

continued after that date read with the provisions of a Town Planning Scheme or land use scheme.

(3) The right to continue using any land or building by virtue of the provisions of subsection (2) must; 

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56 No.   PROVINCIAL GAZETTE, 22 APRIL 2016

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(a) where the right is not exercised in the opinion of the Municipality for a continuous period of 15 months,

lapse at the expiry of that period;

(b) lapse at the expiry of a period of 15 years calculated from the date contemplated in subsection (2);

(c) where on the date of the coming into operation of an approved land use scheme -

(i) a building, erected in accordance with an approved building plan, exists on land to which the

approved land use scheme relates;

(ii) the erection of a building in accordance with an approved building plan has commenced on land

and the building does not comply with a provision of the approved land use scheme, the

building must for a period of 15 years from that date be deemed to comply with that provision.

(d) where a period of 15 years has, in terms of subsection (3), commenced to run from a particular date in

the opinion of the Municipality in respect of any land or building, no regard must, for the purposes of

those subsections, be had to an approved scheme which comes into operation after that date.

(e) within one year from the date of the coming into operation of an approved land use scheme -

(i) the holder of a right contemplated in subsection (2) may notify the Municipality in writing that he

is prepared to forfeit that right;

(ii) the owner of a building contemplated in subsection (3)(c) may notify the Municipality in writing

that he is prepared to forfeit any right acquired by virtue of the provisions of that subsection;.

(4) Where at any proceedings in terms of this By-law it is alleged that a right has lapsed in terms of subsection

(2)(a), such allegation is deemed to be correct until the contrary is proved.

(5) Where any land use provisions are contained in any title deed, deed of grant or 99 year leasehold, which did

not form part of a town planning scheme, such land use provisions apply as contemplated in subsection (2).

(6) If the geographic area of the Municipality is demarcated to incorporate land from another municipality then the

land use scheme or town planning scheme applicable to that land remains in force until the Municipality amends, repeals

or replaces it.

187 Determination of zoning

(1) Notwithstanding the provisions of section 186(2) and (3), the owner of land or a person authorised by the

owner may apply to the Municipality for the determination of a zoning for land referred to in section26(3) of the Act.

(2) When the Municipality considers an application in terms of subsection (1) it must have regard to the following:

(a) the lawful utilisation of the land, or the purpose for which it could be lawfully utilised immediately before

the commencement of this By-law if it can be determined;

(b) the zoning, if any, that is most compatible with that utilisation or purpose and any applicable title deed

condition;

(c) any departure or consent use that may be required in conjunction with that zoning;

(d) in the case of land that was  vacant immediately before the commencement of this By-law, the

utilisation that is permitted in terms of the title deed conditions or, where more than one land use is so

permitted, one of such land uses determined by the municipality; and

(e) where the lawful utilisation of the land and the purpose for which it could be lawfully utilised

immediately before the commencement of this By-law, cannot be determined, the zoning that is the

most desirable and compatible with any applicable title deed condition, together with any departure or

consent use that may be required.

(3) If the lawful zoning of land contemplated in subsection (1) cannot be determined, the Municipality must

determine a zoning and give notice of its intention to do so in terms of section98.

(4) A land use that commenced unlawfully, whether before or after the commencement of this By-law, shall not

be deemed to be the lawful land use.

CHAPTER 11

GENERAL PROVISIONS

188 Delegations

Any power conferred in this By-law on the Municipality, Councilor municipal manager may be delegated by the

Municipality, Counciland the municipal manager subject to section 56 of the Act and section 59 of the Local Government:

Municipal Systems Act.

189 Repeal of by-laws

The (insert the name of the applicable by-laws) are hereby repealed.

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190 Fees payable

Any fee payable to the Municipality in terms of this By-Law is determined annually in terms of section 24(2) of the

Municipal Finance Management Act, 2003 read with sections 74 and 75A of the Municipal Systems Act and forms part of

the By-Law to constitute the Tariff Structure of the Municipality.

191 Policy, procedure, determination, standard, requirement and guidelines

(1) The Municipality may adopt a policy, procedure, determination, standard, requirement or guidelines, not

inconsistent with the provisions of the Act and this By-Law, for the effective administration of this By-Law.

(2) Unless the power to determine is entrusted to the Council, another person or body, the Municipal Manager

may determine anything which may be determined by the Municipality in terms of the Act, the Regulations or this By-Law.

(3) The Municipality must make available any policy, procedure, determination, standard, requirement or

guidelines.

(4) An applicable policy, procedure, determination, standard, requirement and guidelines apply to an application

submitted and decided in terms of this By-Law.

192 Short title and commencement

(1) This By-law is called the Chief Albert Luthuli, Dipaleseng, Dr Pixley Ka Isaka Seme, Lekwa,   Mkhondo and

Msukaligwa Municipal By-law on Spatial Planning and Land Use Management.

(2) This By-law comes into operation on the date of publication in the Provincial Gazette .

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SCHEDULE 1

INVITATION TO NOMINATE A PERSON TO BE APPOINTED AS A MEMBER TO THE -________________________

MUNICIPAL PLANNING TRIBUNAL

In terms of the Spatial Planning and Land Use Management Act, 16 of 2013, the _________________ Municipality hereby

invites nominations for officials or employees of the (insert name of organ of state or non-governmental organisation

contemplated in regulation (3)(2)(a) of the Regulations) to be appointed to the ____________________ Municipal

Planning Tribunal for its first term of office.

The period of office of members will be five years calculated from the date of appointment of such members by the

______________ Municipality.

Nominees must be persons registered with the professional bodies contemplated in section 34(1)(a) – (f) of the Municipal

By-law on Spatial Planning and Land Use Management, 2015, who have leadership qualities and who have knowledge

and experience of spatial planning, land use management and land development or the law related thereto.

Each nomination must be in writing and must contain the following information:

(a) The name, address and identity number of the nominee;

(b) The designation or rank of the nominee in the organ of state or non-governmental organisation;

(c) A short curriculum vitae of the nominee (not exceeding two pages);

(d) Certified copies of qualifications and registration certificates indicating registration with the relevant professional

body or voluntary association.

Nominations must be sent to:

The Municipal Manager

___________ Municipality

P.O. Box ______

_____________

______

For Attention: _____________

For Enquiries: _____________

Tel _________________

_________________________________________________________________________

* I, …………………………………………………..…..(full names of nominee),

ID No (of nominee) …………………………………………….,

hereby declare that –

(a) I am available to serve on ______________ Municipal Planning Tribunal and I am willing to serve as chairperson

or deputy chairperson should the Council designate me OR I am not willing to serve a chairperson or deputy

chairperson (delete the option not applicable);

(b) there is no conflict of interest OR I have the following interests which may conflict with the ______________

Municipal Planning Tribunal which I have completed on the declaration of interest form (delete the option not

applicable);

(c) I am not disqualified in terms of section 38 of the Spatial Planning and Land Use Management Act, 16 of 2013 to

serve on the ______________ Municipal Planning Tribunal and I authorise the ______________ Municipality to

verify any record in relation to such disqualification or requirement.

(d) I undertake to sign, commit to and uphold the Code of Conduct applicable to members of the ________________

Municipal Planning Tribunal.

No nominations submitted after the closing date will be considered.

CLOSING DATE: (INSERT DATE)

______________________

Signature of Nominee

______________________

Full Names of Nominee

______________________

Signature of Person signing on behalf of the Organ of State or Non-Governmental Organisation

______________________

Full Names of Person signing on behalf of the Organ of State or Non-Governmental Organisation

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SCHEDULE 2

CALL FOR NOMINATIONS FOR PERSONS  TO BE APPOINTED AS MEMBERS TO THE  -________________________ MUNICIPAL PLANNING TRIBUNAL

CLOSING DATE: (INSERT DATE)

In terms of the Spatial Planning and Land Use Management Act, 16 of 2013, the _________________ Municipality hereby

call for nominations for members of the public to be appointed to the ____________________ Municipal Planning Tribunal

for its first term of office.

The period of office of members will be five years calculated from the date of appointment of such members by the

______________ Municipality.

Nominees must be persons registered with the professional bodies contemplated in section34(1)(a) – (f) of the Municipal

By-law on Spatial Planning and Land Use Management, 2015, who have leadership qualities and who have knowledge

and experience of spatial planning, land use management and land development or the law related thereto.

Each nomination must be in writing and must contain the following information:

(a) The name and address of the nominator, who must be a natural person and a person may nominate himself or

herself;

(b) The name, address and identity number of the nominee;

(d) Motivation by the nominator for the appointment of the nominee to the ____________________ Municipal

Planning Tribunal (no less than 50 words and no more than250 words);

(e) A short curriculum vitae of the nominee (not exceeding two pages);

(f) Certified copies of qualifications and registration certificates indicating registration with the relevant professional

body or voluntary association.

Please note that failure to comply with the above requirements will result in the disqualification of the nomination.

Nominations must be sent to:

The Municipal Manager

___________ Municipality

P.O. Box ______

_____________

______

For Attention: _____________

For Enquiries: _____________

Tel _________________

_________________________________________________________________________

* I, …………………………………………………..…..(full names of nominee),

ID No (of nominee) …………………………………………….,

hereby declare that –

(a) I am available to serve on ______________ Municipal Planning Tribunal and I am willing to serve as chairperson

or deputy chairperson should the Council designate me / I am not willing to serve a chairperson or deputy

chairperson (delete the option not applicable);

(b) there is no conflict of interest OR I have the following interests which may conflict with the ______________

Municipal Planning Tribunal and which I have completed on the declaration of interest form (delete the option not

applicable);

(c) I am not disqualified in terms of section 38 of the Spatial Planning and Land Use Management Act, 16 of 2013 to

serve on the ______________ Municipal Planning Tribunal and I authorise the ______________ Municipality to

verify any record in relation to such disqualification or requirement;

(d) I undertake to sign, commit to and uphold the Code of Conduct applicable to members of the ________________

Municipal Planning Tribunal.

No nominations submitted after the closing date will be considered.

______________________

Signature of Nominee

______________________

Full Names of Nominee

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SCHEDULE 3

DISCLOSURE OF INTERESTS FORM

I, the undersigned,

Full names:   _______________________________

Identity Number: _______________________________

Residing at:   _______________________________

_______________________________

do hereby declare that -

(a) the information contained herein fall within my personal knowledge and are to the best of my knowledge

complete, true and correct, and

(b) that there is no conflict of interest between myself and the ___________________ Municipal Planning Tribunal;

or

(c) I have the following interests which may conflict  or potentially conflict with the interests of  the

_____________________ Municipal Planning Tribunal;

CONFLICTING INTERESTS

(d) thenon-executive directorships previously or currently held and remunerative work, consultancy and retainership

positions held as follows:

  1. NON-EXECUTIVE DIRECTORSHIP

Name of Company Period

5.

  1. REMUNERATIVE WORK, CONSULTANCY & RETAINERSHIPS

Name of Company&

Occupation

Type of Business Rand amount per

month

Period

  1. CRIMINAL RECORD

Type of Offence Dates/Term of Sentence

1.

(e) I am South African citizen or a permanent resident in the Republic

(f) I am not a member of Parliament, a provincial legislature, a Municipal Council or a House of Traditional Leaders;

(g) I am not an un-rehabilitated insolvent;

(h) I have not been declared by a court of law to be mentally incompetent and have not been detained under the

Mental Health Care Act, 2002 (Act No. 17 of 2002);

(i) I have not at any time been convicted of an offence involving dishonesty;

(j) I have not at any time been removed from an office of trust on account ofmisconduct;

(k) I have not previously been removed from a tribunal for a breach of any provision ofthe Spatial Planning and Land

Use Management Act, 2013 or provincial legislation or the Land Use Planning By-Laws, 2015 enacted by the

__________________ Municipality.;

(l) I have not been found guilty of misconduct, incapacity or incompetence; or 

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(m) I have not failed to comply with the provisions of the Spatial Planning and Land Use Management Act, 2013 or

provincial legislation or the Land Use Planning By-Laws, 2015 enacted by the __________________

Municipality.

Signature of Nominee: _________________________

Full Names: __________________________________

SWORN to and SIGNED before me at _______________on this _________day of_____________.

The deponent having acknowledged that he knows and understands the contents of this affidavit, that the contents are

true, and that he or she has no objection to taking this oath and that he or she considers the oath to be binding on his

orher conscience.

_______________________

COMMISSIONER OF OATHS

FULL NAMES: ________________________________

DESIGNATION: ________________________________

ADDRESS:   ________________________________

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SCHEDULE 4

CODE OF CONDUCT OF MEMBERS OF THE MUNICIPAL PLANNING TRIBUNAL

I, the undersigned,

Full names:   _______________________________

Identity Number: _______________________________

Residing at:   _______________________________

_______________________________

do hereby declare that I will uphold the Code of Conduct of the ________________ Municipal Planning Tribunal contained

hereunder:

General conduct

  1. A member of the Municipal Planning Tribunal must at all times—

(a) act in accordance with the principles of accountability and transparency;

(b) disclose his or her personal interests in any decision to be made in the planning process in which he or she

serves or has been requested to serve;

(c) abstain completely from direct or indirect participation as an advisor or decision-maker in any matter in which

he or she has a personal interest and leave any chamber in which such matter is under deliberation unless

the personal interest has been made a matter of public record and the municipality has given written approval

and has expressly authorised his or her participation.

  1. A member of the Municipal Planning Tribunal must not—

(a) use the position or privileges of a member of the Municipal Planning Tribunal or confidential information

obtained as a member of the Municipal Planning Tribunal for personal gain or to improperly benefit another

person; and

(b) participate in a decision concerning a matter in which that member or that members’ spouse, partner or

business associate, has a direct or indirect personal interest or private business interest.

Gifts

  1. A member of the Municipal Planning Tribunal must not receive or seek gifts, favours or any other offer under

circumstances in which it might reasonably be inferred that the gifts, favours or offers are intended or expected to

influence a person’s objectivity as an advisor or decision-maker in the planning process.

Undue influence

  1. A member of the Municipal Planning Tribunal must not—

(a) use the power of any office to seek or obtain special advantage for private gain or to improperly benefit

another person that is not in the public interest;

(b) use confidential information acquired in the course of his or her duties to further a personal interest;

(c) disclose confidential information acquired in the course of his or her duties unless required by law to do so

or by circumstances to prevent substantial injury to third persons; and

(d) commit a deliberately wrongful act that reflects adversely on the Municipal Planning Tribunal, the

Municipality, the government or the planning profession by seeking business by stating or implying that he

or she is prepared, willing or able to influence decisions of the Municipal Planning Tribunal by improper

means.

Signature of Nominee: _________________________

Full Names: __________________________________

Date: _________________________________

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SCHEDULE 5

OWNERS’ ASSOCIATIONS

General

  1. The Municipality may, when approving an application for a subdivision of land impose conditions relating to the

compulsory establishment of an owners’ association by the applicant for an area determined in the conditions.

  1. An owners’ association that comes into being by virtue of subitem1 is a juristic person and must have a

constitution.

  1. The constitution of an owners’ association must be approved by the Municipality before the transfer of the first land

unit and must provide for―

(a) the owners’ association to formally represent the collective mutual interests of the area, suburb or

neighbourhood set out in the constitution in accordance with the conditions of approval;

(b) control over and maintenance of buildings, services or amenities arising from the subdivision;

(c) the regulation of at least one yearly meeting with its members;

(d) control over the design guidelines of the buildings and erven arising from the subdivision;

(e) the ownership by the owners’ association of private open spaces, private roads and other services arising

out of the subdivision;

(f) enforcement of conditions of approval contemplated in section 54 or management plans;

(g) procedures to obtain the consent of the members of the owners’ association to transfer an erf in the event

that the owners’ association ceases to function;

(h) the implementation and enforcement by the owners’ association of the provisions of the constitution.

  1. The constitution of an owners’ association may have other objects as set by the association but may not contain

provisions that are in conflict with any law.

  1. The constitution of an owners’ association may be amended when necessary provided that an amendment that

affects the Municipality or a provision referred to in subitem 3 is approved by the Municipality.

6 An owners’ association which comes into being by virtue of subitem 1 -(a)  has as its members all the owners of land units originating from the subdivision and their successors in title,

who are jointly liable for expenditure incurred in connection with the association; and

(b) is upon registration of the first land unit, automatically constituted.

  1. The design guidelines contemplated in subitem 3(d) may introduce more restrictive development rules than the

rules provided for in the zoning scheme.

  1. If an owners’ association fails to meet any of its obligations contemplated in subitem 3 and any person is, in the

opinion of the Municipality, adversely affected by that failure, the Municipality may take appropriate action to rectify

the failure and recover from the members referred to in subitem6(a), the amount of any expenditure incurred by it in

respect of those actions.

  1. The amount of any expenditure so recovered is, for the purposes of subitem8, considered to be expenditure

incurred by the owners’ association.

Owners’ association ceases to function

  1. If an owners’ association ceases to function or carry out its obligations, the Municipality may―

(a) take steps to instruct the association to hold a meeting and to reconstitute itself;

(b) subject to the amendment of the conditions of approval remove the obligation to establish an owners’

association; or

(c) subject to amendment of title conditions pertaining to the owners’ association remove any obligations in

respect of an owners’ association.

  1. In determining which option to follow, the Municipality must have regard to―

(a) the purpose of the owners’ association;

(b) who will take over the maintenance of infrastructure which the owners’ association is responsible for, if at all;

and

(c) the impact of the dissolution or the owners’ association on the members and the community concerned.

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SCHEDULE 6

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE ESTABLISHMENT OF A TOWNSHIP OR

THE EXTENSION OF THE BOUNDARIES OF A TOWNSHIP

  1. An application for the amendment of an existing scheme or land use scheme by the rezoning of land must, in

addition to the documentation referred to in section90(2), be accompanied by –

(a) a certified copy of the title deed of the land;

(b) acopy of the diagram of every property concerned or, where such diagram is notavailable, a plot

diagram to every piece of land concerned;

(c) alocality plan on an appropriate scale;

(d) a layout plan in the scale approved by the Council and containing the information as considered necessary

by the Municipality;

(g) draft conditions of establishment for the proposed township in the format approved by the Council;

(h) a copy of the appropriate zoning of the applicable land;

(i) an engineering geological investigation and report compiled by a suitably qualified professional;

(j) an undermining stability report, where applicable, compiled by a suitably qualified professional

(k) if the land is encumbered by a bond, the consent of the bondholder’

(l) confirmation whether or not a mining or prospecting right or permit over the land is held or is being

applied for in terms of the Mineral and Petroleum Resources Development Act, 2002;

(m) other limited real rights on the property;

(n) confirmation and details of any land claims on the property;

(o) aconveyancer's certificate;

(p) in the case of the extension of the boundaries of a township, the consent from the Surveyor-General

to the proposed extension of boundaries.

2, An application contemplated in Part H of Chapter 5 does not have to be accompanied by a certified copy of the title

deed of the relevant land or the consent of the bondholder.

  1. The motivation contemplated in section90(2)(d) must contain at least the following information:

(a) The development intentions of the municipality on the application property; as contained in the spatial

development framework and other municipal policies;

(b) compliance with applicable norms and standards and development principles in the municipality;

(c) the existing land use rights on the property;

(d) the need and desirability of the proposed land development;

(e) the effect of the development on the use or development of other land which has a common means of

drainage;

(f) any environmental implications of the proposed land development;

(g) an indication whether an application must be made for an environmental authorization in terms of the

National Environmental Management Act (Act 107 of 1998);

(h) the density of the proposed development

(i) the area and dimensions of each erf in the proposed township;

(j) the layout of roads having regard to their function and relationship to existing roads;

(k) the provision and location of public open space and other community facilities; 

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(l) any phased developments;

(m) ifthe land is not serviced and no provision has been made for a waterborne sewer system, the capacity of

the land to treat and retain all sewage and sullage within the boundaries of each erf or subdivided land

parcel; and

(n) the applicable regulations as contained in the land use scheme.

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SCHEDULE 7

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE AMENDMENT OF AN EXISTING SCHEME

OR LAND USE SCHEME BY THE REZONING OF LAND

  1. An application for the amendment of an existing scheme or land use scheme by the rezoning of land must, in

addition to the documentation referred to in section90(2), be accompanied by –

(a) a certified copy of the title deed of relevant land;

(b)   acopy of the diagram of every application property or, where such diagram is not available, a plot

diagram to every piece of land being the subject of the application;

(c) a locality plan on an appropriate scale;

(d) a zoning plan or land use rights plan, in colour and on an appropriate scale, of the application surrounding

properties;

(e) the amendment scheme map and schedule approved by the Council;

(f) if the land is encumbered by a bond, the consent of the bondholder,

2, An application contemplated in Part H of Chapter 5 does not have to be accompanied by a certified copy of the title

deed of the relevant land or the consent of the bondholder.

  1. The motivation contemplated in section90(2)(d) must contain at least the following information:

(a)   An indication of the persons, communities and institutions likely to be affected by the amendment

and the likely impact on them;

(b) theinterest of the applicant in bringing the application;

(c) a discussion on the content of the scheme prior to the proposed amendment and the need for the

amendment;

(d) a discussion on the proposed amendment;

(e) theexpected impact on the current, adopted municipal spatial development framework and

integrated development plan;

(f) thepossible impact of the amendment on the environment and probable mitigating elements;

(g) anindication whether an application must be made for an environmental authorization in terms of the

National Environmental Management Act, 1998;

(h) an indication of the persons, communities and institutions likely to be affected by the amendment

and the likely impact on them.

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SCHEDULE 8

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE REMOVAL, AMENDMENT OR

SUSPENSION OF A RESTRICTIVE OR OBSOLETE CONDITION, SERVITUDE OR RESERVATION REGISTERED

AGAINST THE TITLE OF THE LAND

  1. An application for theremoval, amendment or suspension of a restrictive or obsolete condition, servitude or

reservation registered against the title of the landmust, in addition to the documentation referred to in section 90(2),

be accompanied by –

(a) a certified copy of the title deed of the land;

(b) acertified copy of the notarial deed of servitude;

(c) acopy of the diagram of every property concerned or, where such diagram is notavailable, a plot

diagram to every piece of land concerned;

(d) acopy of the servitude diagram approved by the Surveyor-General;

(e) alocality plan on an appropriate scale;

(f) a description of all existing and proposed servitudes and services on the land; and

(g) if the land is encumbered by a bond, the consent of the bondholder.

  1. The motivation contemplated in section90(2)(d) must make specific reference to the applicable condition or

servitude, as well as a motivation on the necessity and desirability of the application.

SCHEDULE 9

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION OF THE AMENDMENT OR CANCELLATION IN

WHOLE OR IN PART OF A GENERAL PLAN OF A TOWNSHIP

  1. An application for theamendment or cancellation in whole or in part of a general plan must, in addition to the

documentation referred to in section90(2), be accompanied by –

(a) copies of the relevant sheet of the general plan which may be reduced copies of the original;

(b) copies of a plan of the township showing the posed alteration or amendment or, if partial cancellation is

applied for, the portion of the plan cancelled;

(c) copy of the title deed which is registered in the Deeds Office at the time when the application is submitted of

the land affected by the alteration, amendment or total or partial cancellation;

(d) if the land is encumbered by a bond, the bondholder’s consent;

  1. The motivation contemplated in section90(2)(d) must state the reasons for the posed alteration or amendment.

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SCHEDULE 10

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE SUBDIVISION OF ANY LAND

  1. An application for the subdivision of land must, in addition to the documentation referred to in section90(2), be

accompanied by –

(a) a certified copy of the title deed of the land;

(b) acopy of the diagram of every property concerned or, where such diagram is notavailable, a plot

diagram to every piece of land concerned;

(c) the appropriate consent where required in terms of the Subdivision of Agricultural Land Act, 1970 (Act No.

70 of 1970);

(d) alocality plan on an appropriate scale;

(f) a layout plan in the scale approved by the Council and containing the information as considered necessary

by the Municipality;

(g) draft conditions of establishment for the proposed subdivision;

(h) a copy of the appropriate zoning of the applicable land;

(i) if the land is encumbered by a bond, the consent of the bondholder.

  1. The motivation contemplated in section 90(2)(d) must contain at least the following information:

(a)   The development intentions of the municipality on the application property, as contained in the

spatial development framework and other municipal policies;

(b) the need and desirability of the proposed subdivision;

(c) a justification on the suitability of the land for subdivision;

(d) a  traffic impact assessment of the proposed development;

(e) an assessment of the social impact of the proposed land development;

(f) the impact of the proposed land development on the future use of land in the locality;

(g) the impact of the proposed subdivision on the future use of land in the locality;

(h) the availability of subdivided land in the area and the need for the creation of further erven or

subdivisions;

(i) the effect of the development on the use or development of other land which has a common means

of drainage;

(j) the subdivision pattern having regard to the physical characteristics of the land including existing

vegetation;

(k) the density of the proposed development;

(l) the area and dimensions of each erf;

(m) the layout of roads having regard to their function and relationship to existing roads;

(n) the existing land use rights on the property;

(o) the movement of pedestrians and vehicles throughout the development and the ease of access to

all erven;

(p) the provision and location of public open space and other community facilities;

(q) the phasing of the subdivision;

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(r) the provision and location of common property;

(s) the functions of any body corporate;

(t) the availability and provision of municipal services;

(u) if the land is not serviced and no provision has been made for a waterborne sewer system, the

capacity of the land to treat and retain all sewage and sullage within the boundaries of each erf or

subdivided land parcel;

(v) whether, in relation to subdivision plans, native vegetation can be protected through subdivision

and siting of open space areas;

(w) an indication whether an application must be made for an environmental authorization in terms of the

National Environmental Management Act, 1998;

(x) the existing land use rights on the property; and

(y) the applicable regulations as contained in the land use scheme.

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SCHEDULE 11

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE CONSOLIDATION OF ANY LAND

  1. An application for the consolidation of land must, in addition to the documentation referred to in section 90(2), be

accompanied by –

(a) a certified copy of the title deed of the land;

(b) acopy of the diagram of every property concerned or, where such diagram is notavailable, a plot

diagram to every piece of land concerned;

(c) alocality plan on an appropriate scale;

(d) a layout plan in the scale approved by the Council;

(e) draft conditions of establishment for the proposed consolidation;

(f) a copy of the appropriate zoning of the applicable land;

(g) if the land is encumbered by a bond, the consent of the bondholder.

  1. The motivation contemplated in section90(2)(d) must explain and motivate the application.

SCHEDULE 12

ADDITIONAL DOCUMENTS REQUIRED FOR THE PERMANENT CLOSURE OF A PUBLIC PLACE IF AN

APPLICATION IS SUBMITTED

  1. An application for the permanent closure of a public placemust, in addition to the documentation referred to in

section 90(2), be accompanied by –

(a) a copy of the relevant general plan;

(b) a copy of the approved conditions of establishment of the existing township;

(c) alocality plan on an appropriate scale;

(d) a layout plan in the scale approved by the Council;

  1. The motivation contemplated in section90(2)(d) must explain and motivate the application.

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SCHEDULE 13

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR CONSENT OR APPROVAL REQUIRED IN

TERMS OF A CONDITION OF TITLE, A CONDITION OF ESTABLISHMENT OF A TOWNSHIP OR CONDITION OF AN

EXISTING SCHEME OR LAND USE SCHEME

  1. An application for the consent or approval required in terms of a condition of title, a condition of establishment of a

township or condition of an existing scheme or land use scheme must, in addition to the documentation referred to

in section 90(2), be accompanied by –

(a) a certified copy of the title deed of relevant land;

(b)   acopy of the diagram of every application property or, where such diagram is not available, a plot

diagram to every piece of land being the subject of the application;

(c) a locality plan on an appropriate scale;

(d) adescription of all existing and proposed servitudes and/or services on the applicable land;

(e) thecopy of the land use rights certificate on the applicable land;

(f) if the land is encumbered by a bond, the consent of the bondholder;

(g) azoning plan or land use rights plan; and

(h) a land use plan.

  1. The motivation contemplated in section90(2)(d) must make specific reference to the zoning and other regulations

in terms of the land use scheme.

SCHEDULE 14

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR TEMPORARY USE

  1. An application for temporary use must, in addition to the documentation referred to in section 90(2), be accompanied

by –

(a) a power of attorney from the registered owner of the landif the applicant is not the registered owner;

(b) if the land is encumbered by a bond, the bondholder’s consent’

(c) a locality plan;

(d) a copy of the title deed which is registered in the Deeds Office at the time when the application is submitted;

(e) a copy of the zoning certificate, including any notices published in terms of this By-law which has the

purpose of changing the land use rights which may be applicable.

  1. The motivation contemplated in section 90(2)(d) must contain at least the following information:

(a) reference to the objective and principles contained in this By-law;

(b) reference to the Integrated Development Plan and Municipal Spatial Development Framework and its

components and any other policies, plans or frameworks with specific reference on how this application

complies with it or deviated from it;

(c) The need and desirability of the application;

(d) Discuss the application in terms of the Development Principles, norms and standards as referred to in

Chapter 2 of the Act.

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SCHEDULE 15

CODE OF CONDUCT FOR MEMBERS OF THE MUNICIPAL APPEAL TRIBUNAL

I, the undersigned,

Full names:   _______________________________

Identity Number: _______________________________

Residing at:    _______________________________

_______________________________

_______________________________

do hereby declare that I will uphold the Code of Conduct of the ________________ Municipal Appeal Tribunal contained

hereunder:

General conduct

  1. A member of the Municipal Appeal Tribunal must at all times—

(a) act in accordance with the principles of accountability and transparency;

(b) disclosehis or her personal interests in any decision to be made in the appeal process in which he or she

serves or has been requested to serve;

(c) abstain completely from direct or indirect participation as an advisor or decision-maker in any matter in which

he or she has a personal interest and leave any chamber in which such matter is under deliberation unless

the personal interest has been made a matter of public record and the Municipality has given written

approval and has expressly authorised his or her participation.

  1. A member of the Municipal Appeal Tribunal must not—

(a) use the position or privileges of a member of the Municipal Appeal Tribunal or confidential information

obtained as a member of the Municipal Appeal Tribunal for personal gain or to improperly benefit another

person; and

(b) participate in a decision concerning a matter in which that member or that members’ spouse, partner or

business associate, has a direct or indirect personal interest or private business interest.

Gifts

  1. A member of the Municipal Appeal Tribunal must not receive or seek gifts, favours or any other offer under

circumstances in which it might reasonably be inferred that the gifts, favours or offers are intended or expected to

influence a person’s objectivity as a member of the Municipal Appeal Tribunal.

Undue influence

  1. A member of the Municipal Appeal Tribunal must not—

(e) use the power of any office to seek or obtain special advantage for private gain or to improperly benefit

another person that is not in the public interest;

(f) use confidential information acquired in the course of his or her duties to further a personal interest;

(g) disclose confidential information acquired in the course of his or her duties unless required by law to do so

or by circumstances to prevent substantial injury to third persons; and

(h) commit a deliberately wrongful act that reflects adversely on the Municipal Appeal Tribunal, the Municipality,

the government or the planning profession by seeking business by stating or implying that he or she is

prepared, willing or able to influence decisions of the Municipal Appeal Tribunal by improper means.

Signature of Nominee: _________________________

Full Names: __________________________________

Date: _________________________________

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PROVINSIALE KOERANT, 22 APRIL 2016 No.   73

PROCLAMATION • PROKLAMASIE

XXX The Spatial Planning and Land Use Management (SPLUM) By-law: Chief Albert Luthuli, Dipaleseng, Dr Pixley

ka Isaka Seme, Lekwa, Mkhondo and Msukaligwa Local Municipalities ............................................................1

Page

No.

Gazette

No.

CONTENTS

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PROVINSIALE KOERANT, 22 APRIL 2016 No.   1

Proclamation• Proklamasie

PROCLAMATION XXX OF 2016

XXX The Spatial Planning and Land Use Management (SPLUM) By-law: Chief Albert Luthuli, Dipaleseng, Dr Pixley ka Isaka Seme, Lekwa, Mkhondo and Msukaligwa Local Municipalities

THE SPATIAL PLANNING AND LAND

USE MANAGEMENT (SPLUM) BY-LAW

FOR:

CHIEF ALBERT LUTHULI,

DIPALESENG,

  1. PIXLEY KA ISAKA SEME,

LEKWA, MKHONDO

AND

MSUKALIGWA

LOCAL MUNICIPALITIES

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2 No.   PROVINCIAL GAZETTE, 22 APRIL 2016

1

ARRANGEMENT OF SECTIONS

CHAPTER 1

DEFINITIONS, APPLICABLITY AND CONFLICT OF LAWS

Sections

1 Definitions

2 Application of By-Law

3 Conflict of laws

CHAPTER 2

MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK

4 Municipal spatial development framework

5 Contents of municipal spatial development framework

6 Intention to prepare, amend or review municipal spatial development framework

7 Institutional framework for preparation, amendment or review of municipal spatial development framework

8 Preparation, amendment or review of municipal spatial development framework

9 Public participation

10 Local spatial development framework

11 Compilation, amendment or review of local spatial development framework

12 Effect of local spatial development framework

13 Record of and access to municipal spatial development framework

14 Departurefrom municipal spatial development framework

CHAPTER 3

LAND USE SCHEME

15 Land use scheme

16 Purpose of land use scheme

17 General matters pertaining to land use scheme

18 Preparation of draft land use scheme

19 Institutional framework for preparation, review or amendment of land use scheme

20 Council approval for publication of draft land use scheme

21 Public participation

22 Incorporation of relevant comments

23 Preparation of land use scheme

24 Submission of land use scheme to Council for approval and adoption

25 Publication of notice of adoption and approval of land use scheme

26 Submission to Member of Executive Council

27 Records

28 Contents of land use scheme

29 Register of amendments to land use scheme

30 Consolidation of amendment land use scheme

CHAPTER 4

INSTITUTIONAL STRUCTURE FOR LAND DEVELOPEMNT AND LAND USE MANAGEMENT DECISIONS

Part A: Division of Functions

31 Categoriesof applications for purposes of section 35(3) of Act

Part B: Land Development Officer

32 Designation and functions of Land Development Officer

Part C: Establishment of Municipal Planning Tribunal for Local Municipal Area

33 Establishment of Municipal Planning Tribunal for local municipal area

34 Composition of Municipal Planning Tribunal for local municipal area

35 Nomination procedure

36 Submission of nomination

37 Initial screening of nomination by Municipality

38 Evaluation panel

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39 Appointment of member to Municipal Planning Tribunal by Council

40 Term of office and conditions of service of members of Municipal Planning Tribunal for municipal area

41 Vacancy and increase of number of members of Municipal Planning Tribunal

42 Proceedings of Municipal Planning Tribunal for municipal area

43 Tribunal of record

44 Commencement date of operations of Municipal Planning Tribunal

Part D: Establishment of Joint Municipal Planning Tribunal

45 Agreement to establish joint Municipal Planning Tribunal

46 Composition of joint Municipal Planning Tribunal

47 Status of decision of joint Municipal Planning Tribunal

48 Applicability of Part C, F and G to joint Municipal Planning Tribunal

Part E: Establishment of District Municipal Planning Tribunal

49 Agreement to establish district Municipal Planning Tribunal

50 Composition of district Municipal Planning Tribunals

51 Status of decision of district Municipal Planning Tribunal

52 Applicability of Part C, F and G to district Municipal Planning Tribunal

Part F: Decisions of Municipal Planning Tribunal

53 General criteria for consideration and determination of application by Municipal Planning Tribunal  or Land

Development Officer

54 Conditions of approval

55 Reference to Municipal Planning Tribunal

Part G: Administrative Arrangements

56 Administrator for Municipal Planning Tribunal

CHAPTER 5

DEVELOPMENT MANAGEMENT

Part A: Types of Applications

57 Types of applications

58 Application required

Part B: Establishment of Township or Extension of Boundaries of Township

59 Application for establishment of township

60 Division or phasing of township

61 Lodging of layout plan for approval with the Surveyor-General.

62 Compliance with pre-proclamation conditions

63 Opening of Township Register

64 Proclamation of an approved township

65 Prohibition of certain contracts and options

Part C: Rezoning of land

66 Application for amendment of a land use scheme by rezoning of land

Part D: Removal, Amendment or Suspension of a Restrictive or Obsolete Condition, Servitude or Reservation

Registered Against the Title of the Land

67 Requirements for amendment, suspension or removal of restrictive conditions or obsolete condition, servitude or

reservation registered against the title of the land

68 Endorsements in connection with amendment, suspension or removal of restrictive conditions

Part E: Amendment or Cancellation of General Plan

69 Notification of Surveyor-General

70 Effect of amendment or cancellation of general plan

Part F: Subdivision and Consolidation

71 Application for subdivision

72 Confirmation of subdivision 

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73 Lapsing of subdivision and extension of validity periods

74 Amendment or cancellation of subdivision plan

75 Exemption of subdivisions and consolidations

76 Services arising from subdivision

77 Consolidation of land units

78 Lapsing of consolidation and extension of validity periods

Part G: Permanent Closure of Public Place

79 Closure of public places

Part H: Consent Use

80 Application for consent use

Part I: Land Use on Communal Land

81 Application for development on or change to land use purpose of communal land

Part J: Departure from Provisions of Land Use Scheme

82 Application for permanent or temporary departure

Part K: General Matters

83 Ownership of public places and land required for municipal engineering services and social facilities

84 Restriction of transfer and registration

85 First transfer

86 Certification by Municipality

87 Application affection national and provincial interest

CHAPTER 6

APPLICATION PROCEDURES

88 Applicability of Chapter

89 Procedures for making application

90 Information required

91 Application fees

92 Grounds for refusing to accept application

93 Receipt of application and request for further documents

94 Additional information

95 Confirmation of complete application

96 Withdrawal of application

97 Notice of applications in terms of integrated procedures

98 Notification of application in media

99 Serving of notices

100 Content of notice

101 On-site notice

102 Additional methods of public notice

103 Requirements for petitions

104 Requirements for objections or comments

105 Requirements for intervener status

106 Amendments prior to approval

107 Further public notice

108 Cost of notice

109 Applicant’s right to reply

110 Written assessment of application

111 Decision-making period

112 Failure to act within time period

113 Powers to conduct routine inspections

114 Determination of application

115 Notification of decision

116 Extension of time for fulfilment of conditions of approval

117 Duties of agent of applicant 

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118 Errors and omissions

119 Withdrawal of approval

120 Procedure to withdraw an approval

121 Exemptions to facilitate expedited procedures

CHAPTER 7

ENGINEERING SERVICES AND DEVELOPMENT CHARGES

Part A: Provision and Installation of Engineering Services

122 Responsibility for providing engineering services

123 Installation of engineering services

124 Engineering services agreement

125 Abandonment or lapsing of land development application

126 Internal and external engineering services

Part B: Development Charges

127 Payment of development charge

128 Offset of development charge

129 Payment of development charge in instalments

130 Refund of development charge

131 General matters relating to contribution charges

CHAPTER 8

APPEAL

PART A: ESTABLISHMENT OF MUNICIPAL APPEAL TRIBUNAL

132 Establishment of Municipal Appeal Tribunal

133 Institutional requirements for establishment of Municipal Appeal Tribunal

134 Composition, term of office and code of conduct of Municipal Appeal Tribunal

135 Disqualification from membership of Municipal Appeal Tribunal

136 Termination of membership of Municipal Appeal Tribunal

137 Status of decision of joint Municipal Appeal Tribunal

PART B: MANAGEMENT OF AN APPEAL AUTHORITY

138 Presiding officer of appeal authority

139 Bias and disclosure of interest

140 Registrar of appeal authority

141 Powers and duties of registrar

PART C: APPEAL PROCESS

142 Commencing of appeal

143 Notice of appeal

144 Notice to oppose an appeal

145 Screening of appeal

PART D: PARTIES TO AN APPEAL

146 Parties to appeal

147 Intervention by interested person

PART E: JURISDICTION OF APPEAL AUTHORITY

148 Jurisdiction of appeal authority

149 Written or oral appeal hearing by appeal authority

150 Representation before appeal authority

151 Opportunity to make submissions concerning evidence

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PART F: HEARINGS OF APPEAL AUTHORITY

152 Notification of date, time and place of hearing

153 Hearing date

154 Adjournment

155 Urgency and condonation

156 Withdrawal of appeal

PART G: ORAL HEARING PROCEDURE       

 

157 Location of oral hearing

158 Presentation of each party’s case

159 Witnesses

160 Proceeding in absence of party

161 Recording

162 Oaths

163 Additional documentation

PART H: WRITTEN HEARING PROCEDURE              

 

164 Commencement of written hearing

165 Presentation of each party’s case in written hearing

166 Extension of time

167 Adjudication of written submissions

PART I: DECISION OF APPEAL AUTHORITY

168 Further information or advice

169 Decision of appeal authority

170 Notification of decision

171 Directives to Municipality

PART J: GENERAL

172 Expenditure

CHAPTER 9

COMPLIANCE AND ENFORCEMENT

173 Enforcement

174 Offences and penalties

175 Service of compliance notice

176 Content of compliance notices

177 Objections to compliance notice

178 Failure to comply with compliance notice

179 Urgent matters

180 Subsequent application for authorisation of activity

181 Power of entry for enforcement purposes

182 Power and functions of authorised employee

183 Warrant of entry for enforcement purposes

184 Regard to decency and order

185 Court order

CHAPTER 10

TRANSITIONAL PROVISIONS

186 Transitional provisions

187 Determination of zoning

CHAPTER 11

GENERAL

188 Delegations

189 Repeal of by-laws

190 Fees payable

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191 Policy, procedure, determination, standard, requirement and guideline

192 Short title and commencement

Schedule 1:   Invitation to Nominate a Person to be Appointed as a Member to the (Chief Albert Luthuli,

Dipaleseng, Dr. Pixley Ka Isaka Seme, Mkhondo, Lekwa Or Msukaligwa) Municipal Planning

Tribunal

Schedule 2: Call for Nominations for Persons to be Appointed as Members to the (Chief Albert Luthuli,  Dipaleseng,

Dr. Pixley Ka Isaka Seme, Mkhondo, Lekwa Or Msukaligwa) Municipal Planning Tribunal

Schedule 3: Disclosure of Interest

Schedule 4: Code of Conduct of Members of the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka

Seme, Mkhondo, Lekwa Or Msukaligwa) Municipal Planning Tribunal

Schedule 5:   Owners’ Associations

Schedule 6:   Additional Documents Required for an Application for the Establishment of a Township or the Extension

of the Boundaries of a Township

Schedule 7:   Additional Documents Required for an Application for the Amendment of an Existing Scheme or Land

Use Scheme by the Rezoning of Land

Schedule 8:   Additional Documents Required for an Application for the Removal, Amendment or Suspension of a

Restrictive or Obsolete Condition, Servitude or Reservation Registered Against the Title of the Land

Schedule 9:   Additional Documents Required for an Application forthe Amendment or Cancellation in Whole or in Part

of a General Plan of a Township

Schedule 10:   Additional Documents Required for an Application for the Subdivision of any Land

Schedule 11:   Additional Documents Required for an Application for the Consolidation of any Land

Schedule 12:   Additional Documents Required for an Application for the Permanent Closure of a Public Place

Schedule 13:   Additional Documents Required for an Application for the Consent or Approval Required in terms of a

Condition of Title, aCondition of Establishment of a Township or Condition of an Existing Scheme or

Land Use Scheme

Schedule 14:   Additional Documents Required for an Application for Temporary Use

Schedule 15:   Code of Conduct for Members of the Municipal Appeal Tribunal

CHAPTER 1

DEFINITIONS, APPLICABLITY AND CONFLICT OF LAWS

1 Definitions

In thisBy-Law, unless the context indicates otherwise, a word or expression defined in the Act, the Regulationsor provincial

legislation has the same meaning as in thisBy-law and -“Act” means the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013);

“appeal authority” means the executive authority of the municipality, the Municipal Appeal Tribunal established in

terms of Part A of Chapter 8 or any other body or institution outside of the municipality authorised by that municipality to

assume the obligations of an appeal authority for purposes of appeals lodged in terms of the Act;

“application” means a land development and land use application as contemplated in the Act;

“approved township” means a township declared an approved township in terms of section 64 of this By-law;

“By-Law” means this By-Law and includes the schedules attached hereto or referred to herein;

“communal land” means land under the jurisdiction of a traditional council determined in terms of section 6 of the

Mpumalanga Traditional Leadership and Governance Act, 2005 (Act No. 3 of 2005) and which was at any time vested in -(a) the government of the South African Development Trust established by section 4 of the Development Trust

and Land Act, 1936 (Act No. 18 of 1936); or

(b) the government of any area for which a legislative assembly was established in terms of the Self-Governing

Territories Constitution Act, 1971 (Act No. 21 of 1971);

“consent” means a land use right that may be obtained by way of consent from the municipality and is specified as

such in the land use scheme;

“consolidation” means the joining of two or more pieces of land into a single entity;

“Constitution” means the Constitution of the Republic of South Africa, 1996;

“Council” means the municipal council of the Municipality;

“diagram” means a diagram as defined in the Land Survey Act, 1997 (Act No. 8 of 1997);

“deeds registry” means a deeds registry as defined in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of

1937);

“file” means the lodgement of a document with the appeal authority of the municipality;

“land” means -

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8 No.   PROVINCIAL GAZETTE, 22 APRIL 2016

7

(a) any erf, agricultural holding or farm portion, and includes any improvements or building on the land and any

real right in land; and

(b) the area of communal land to which a household holds an informal right recognized in terms of the

customary law applicable in the area where the land to which such right is held is situated and which right is

held with the consent of, and adversely to, the registered owner of the land;

“land development area” means an erf or the land which is delineated in an applicationsubmitted in terms of this Bylaw or any other legislation governing the change in land use and “land area” has a similar meaning;

“Land Development Officer” means the authorised official defined in regulation 1 of the Regulations;

“land use scheme” means the land use scheme adopted and approved in terms of Chapter 3of this By-law and for

the purpose of this By-law includes an existing scheme until such time as the existing scheme is replaced by the adopted

and approved land use scheme;

“local spatial development framework” means a local spatial development framework referred to in section 10;

“Member of the Executive Council” means the Member of the Executive Council responsible for local government in

the Province;

“municipal area” means the area of jurisdiction of the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka Seme,

Mkhondo, Lekwa Or Msukaligwa) in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of

1998);

“Municipal Manager” means the person appointed as the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka

Seme, Mkhondo, Lekwa Or Msukaligwa) Municipal Manager in terms of appointed in terms of section54A of the Municipal

Systems Act and includes any person acting in that position or to whom authority has been delegated;

“Municipal Planning Tribunal” means the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka Seme, Mkhondo,

Lekwa Or Msukaligwa) Municipal Planning Tribunal established in terms of section 33;

“Municipality” means the Municipality of (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka Seme, Mkhondo,

Lekwa Or Msukaligwa) or its successor in title as envisaged in section 155(1) of the Constitution, established in terms of

the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) and for the purposes of this By-law includes a

municipal department, the Council, the Municipal Manager or an employee or official acting in terms of a delegation issued

under section 59 of the Municipal Systems Act;

“objector” means a person who has lodged an objection with the Municipality to a draft municipal spatial development

framework, draft land use scheme or an application;

“overlay zone” means a mapped overlay superimposed on one or more established zoning areas which may be used

to impose supplemental restrictions on uses in these areas or permit uses otherwise disallowed;

“Premier” means the Premier of the Province of Mpumalanga;

“previous planning legislation” means  any planning legislation that is repealed by the Act or the provincial

legislation;

“provincial legislation” means legislation contemplated in section 10 of the Act promulgated by the Province;

“Province” means the Province of Mpumalanga referred to in section 103 of the Constitution;

“Regulations”means the Spatial Planning and Land Use Management Regulations: Land Use Management and

General Matters, 2015;

“service provider” means a person lawfully appointed by a municipality or other organ of state to carry out, manage

or implement any service, work or function on behalf of or by the direction of such municipality or organ of state;

“spatial development framework” means the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka Seme, Mkhondo,

Lekwa Or Msukaligwa) Spatial Development Framework;

“subdivision” means the division of a piece of land into two or more portions;

“the Act” means the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013), Spatial Planning

and Land Use Management Regulations: Land Use Management and General Matters, 2015 and any subsidiary

legislation or other legal instruments issued in terms thereof;

“township register” means an approved subdivision register of a township in terms of the Deeds Registries Act; and

“traditional communities” means communities recognised in terms of section 3 of the Mpumalanga Traditional

Leadership and Governance Act, 2005.

2 Application of By-law

(1) This By-law applies to all land within the municipal area of the Municipality, including land owned by the state.

(2) This By-law binds every owner and their successor-in-title and every user of land, including the state. 

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3 Conflict of laws

(1) ThisBy-law is subject to the relevant provisions of the Act and the provincial legislation.

(2) When considering an apparent conflict between this By-law and another law, a court must prefer any

reasonable interpretation that avoids a conflict over any alternative interpretation that results in a conflict.

(3) Where a provision of this By-lawis in conflict with a provision of the Act or provincial legislation,  the

Municipality must institute the conflict resolution measures provided for in the Act or in provincial legislation, or in the

absence of such measures, the measures provided for in the Intergovernmental Relations Framework Act, 2005 (Act

No.13 of 2005); to resolve the conflict and until such time as the conflict is resolved, the provisions of this By-law prevails.

(4) Where a provision of the land use scheme is in conflict with the provisions of this By-law, the provisions of this

By-law prevails.

(5) Where there is a conflict between this By-law and another By-law of the Municipality, this By-Law prevails

over the affected provision of the other By-law in respect of any municipal planning matter.

CHAPTER 2

MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK

4 Municipal spatial development framework

(1) The Municipality must draft a municipal spatial development framework in accordance with the provisions

ofsections 20 and 21 of the Act read with sections 23 to 35 of the Municipal Systems Act.

(2) The municipal spatial development framework does not confer or take away land use rights but guides and

informs decisions to be made by the Municipality relating to land development.

(3) The provisions of this Chapter apply, with the necessary change, to the review or amendment of a municipal

spatial development framework.

5 Contents of municipal spatial development framework

(1) The municipal spatial development framework must provide for the matters contemplated in section 21 of the

Act, section 26 of the Municipal Systems Act and provincial legislation, if any, and the Municipality may for purposes of

reaching its constitutional objectives include any matter which it may deem necessary for municipal planning.

(2) Over and above the matters required in terms of subsection (1), the Municipality may determine any further

plans, policies and instruments by virtue of which the municipal spatial development framework must be applied,

interpreted and implemented.

(3) The municipal spatial development framework must  contain transitional arrangements with regard to the

manner in which the municipal spatial development framework is to be implemented by the Municipality.

6 Intention to prepare, amend or review municipal spatial development framework

The Municipality which intends to prepare, amend or review its municipal spatial development framework -

(a) may convene an intergovernmental steering committee and must convene a project committee in

accordance with section 7;

(b) must publish a notice in two official languages determined by the Council, having regard to language

preferences and usage within its municipal area, as contemplated in section 21 of the Municipal

Systems Act, of its intention to prepare, amend or review the municipal spatial development framework

and the process to be followed in accordance with section 28(3) of the Municipal Systems Act in two

newspapers that is circulated in the municipal area;

(c) must inform the Member of the Executive Council in writing of  its intention to prepare, amend or

review the municipal spatial development framework;

(d) mustregister relevant stakeholders who must be invited to comment on the draft municipal spatial

development framework or draft amendment of the municipal spatial development framework as part

of the process to be followed.

7 Institutional framework for preparation, amendment or review of municipal spatial development framework

(1) The purpose of the intergovernmental steering committee contemplated in section 6(a) is to co-ordinate the

applicable contributions into the municipal spatial development framework and to-

(a) provide technical knowledge and expertise;

(b) provide input on outstanding information that is required to draft the municipal spatial development

framework or an amendment or review thereof;

(c) communicate any current or planned projects that have an impact on the municipal area;

(d) provide information on the locality of projects and budgetary allocations; and

(e) provide written comment to the project committee at each of various phases of the process. 

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(2) The Municipality must, before commencement of the preparation, amendment or review of the municipal

spatial development framework, in writing, invite nominations for representatives to serve on the intergovernmental

steering committee from—

(a) departments in the national, provincial and local sphere of government, other organs of state,

community representatives, engineering services providers, traditional councils; and

(b) any other body or person that may assist in providing information and technical advice on the content

of the municipal spatial development framework.

(3) The purpose of the project committee contemplated in section 6(a) is to –

(a) prepare, amend or review the municipal spatial development framework for adoption by the Council;

(b) provide technical knowledge and expertise;

(c) monitor progress and ensure that the drafting municipal spatial development framework or amendment

of the municipal spatial development framework is progressing according to the approved process

plan;

(d) guide the public participation process, including ensuring that the registered key public sector

stakeholders remain informed;

(e) ensure alignment of the municipal spatial development framework with the development plans and

strategies of other affected municipalities and organs of state as contemplated in section 24(1) of the

Municipal Systems Act;

(f) facilitate the integration of other sector plans into the municipal spatial development framework;

(g) oversee the incorporation of amendments to the draft municipal spatial development framework or

draft amendment or review of the municipal spatial development framework to address comments

obtained during the process of drafting thereof;

(i) if the Municipality decides to establish an intergovernmental steering committee—

(i) assist the Municipality in ensuring that the intergovernmental steering committee is established

and that timeframes are adhered to; and

(ii)   ensure the flow of information between the project committee and the intergovernmental

steering committee.

(4) The project committee must consist of –

(a) the Municipal Manager; and

(b) employees in the full-time service of the Municipality designated by the Municipality.

8 Preparation, amendment or review of municipal spatial development framework

(1) The project committee must compile a status quo document setting out an assessment of existing levels of

development and development challenges in the municipal area and must submit it to the intergovernmental steering

committee for comment.

(2)  After consideration of the comments of the intergovernmental steering committee, the project committee must

finalise the status quo document and submit it to the Council for adoption.

(3) The project committee must prepare a first draft of the municipal spatial development framework or first draft

amendment or review of the municipal spatial development framework and must submit it to the intergovernmental

steering committee for comment.

(4) After consideration of the comments of the intergovernmental steering committee, the project committee must

finalise the first draft of the municipal spatial development framework or first draft amendment or review of the municipal

spatial development framework and submit it to the Council, together with the report referred to in subsection (5), to

approve the publication of a notice referred to in section9(4) that the draft municipal spatial development framework or an

amendment or review thereof is available for public comment.

(5) The project committee must submit a written report as contemplated in subsection (4) which must at least —

(a) indicate the rationale in the approach to the drafting of the municipal spatial development framework;

(b) summarise the process of drafting the municipal spatial development framework;

(c) summarise the consultation process to be followed with reference to section9 of this By-law;

(d) indicate the involvement of the intergovernmental steering committee, if convened by the Municipality;

(e) indicate the departments that were engaged in the drafting of the municipal spatial development

framework;

(f) indicatethe alignment with the national and provincial spatial development frameworks; 

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(g) indicate all sector plans that may have an impact on the municipal spatial development framework;

(h) indicate how the municipal spatial development framework complies with the requirements of relevant

national and provincial legislation, and relevant provisions of strategies adopted by the Council; and

(i) recommend the adoption of the municipal spatial development framework for public participation as the

draft municipal spatial development framework for the Municipality, in terms of the relevant legislation

and this By-law.

(6) After consideration of the comments and representations, as a result of the publication contemplated in

subsection (4), the project committee must compile a final municipal spatial development framework or final amendment or

review of the municipal spatial development framework and must submit it to the intergovernmental steering committee for

comment.

(7) After consideration of the comments of the intergovernmental steering committee, the project committee must

finalise the final municipal spatial development framework or final amendment or review of the municipal spatial

development frameworkand submit it to the Council for adoption.

(8) If the final municipal spatial development framework or final amendment or review of the municipal spatial

development framework, as contemplated in subsection (6), is materially different to what was published in terms of

subsection (4), the Municipality must follow a further consultation and public participation process before it is adopted by

the Council.

(9) The Council must adopt the final municipal spatial development framework or final amendment or review of

the municipal spatial development framework, with or without amendments, and must within 21 days of its decision –

(a) give notice of its adoption in the media and the Provincial Gazette; and

(b) submit a copy of the municipal spatial development framework to the Member of the Executive

Council.

(10) The municipal spatial development framework or an amendment thereof comes into operation on the date of

publication of the notice contemplated in subsection9.

(11) If no intergovernmental steering committee is convened by the Municipality, the project committee submits the

draft and final municipal spatial development framework or amendment or review thereof directly to the Council.

9 Public participation

(1) Public participation undertaken by the Municipality must contain and comply with all the essential elements of

any notices to be placed in terms of the Act or the Municipal Systems Act.

(2) In addition to the publication of notices in the Provincial Gazette and a newspaper that is circulated in the

municipal area, the Municipality may, subject to section 21A of the Municipal Systems Act, use any other method of

communication it may deem appropriate.

(3) The Municipality may for purposes of public engagement on the content of the draft municipal spatial

development framework arrange –

(a) aconsultative session with traditional councils and traditional communities;

(b) aspecific consultation with professional bodies, ward communities or other groups; and

(c) apublic meeting.

(4) The notice contemplated in section8(4) must specifically state that any person or body wishing to provide

comments must-

(a) do so within a period of 60 days from the first day of publication of the notice;

(b) provide written comments; and

(c) provide their contact details as specified in the definition of contact details.

10 Local spatial development framework

(1) The Municipality may adopt a local spatial development framework for a specific geographical area of a

portion of the municipal area.

(2) The purpose of a local spatial development framework is to:

(a) provide detailed spatial planning guidelines or further plans for a specific geographic area or parts of

specific geographical areas and may include precinct plans;

(b) provide more detail in respect of a proposal provided for in the municipal spatial development

framework or necessary to give effect to the municipal spatial development framework and or its

integrated development plan and other relevant sector plans;

(c) address specific land use planning needs of a specified geographic area;

(d) provide detailed policy and development parameters for land use planning; 

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(e) provide detailed priorities in relation to land use planning and, in so far as they are linked to land use

planning, biodiversity and environmental issues;

(f) guide decision making on land development applications;

(g) or any other relevant provision that will give effect to its duty to manage municipal planning in the

context of its constitutional obligations.

11 Compilation, amendment or review of local spatial development framework

(1) If the Municipality prepares,amends or reviews a local spatial development framework, it must draft and

approve a process plan, including public participation processes to be followed for the compilation, amendment, review or

adoption of a local spatial development framework.

(2) The municipality must, within 21 days of adopting a local spatial development framework or an amendment of

local spatial development framework, publish a notice of the decision in the media and the Provincial Gazette and submit a

copy of the local spatial development framework to the Member of the Executive Council.

12 Effect of local spatial development framework

(1) A local spatial development framework or an amendment thereof comes into operation on the date of

publication of the notice contemplated in section 8(9).

(2) A local spatial development framework guides and informs decisions made by the Municipality relating to land

development, but it does not confer or take away rights.

13 Record of and access to municipal spatial development framework

(1) The Municipality must keep, maintain and make accessible to the public, including on the Municipality’s

website, the approved municipal or local spatial development framework and or any component thereof applicable within

the jurisdiction of the Municipality.

(2) Should anybody or person request a copy of the municipal or local spatial development framework the

Municipality must provide on payment by such body or person of the fee approved by the Council, a copy to them of the

approved municipal spatial development framework or any component thereof.

14 Departurefrom municipal spatial development framework

(1) For purposes of section 22(2) of the Act, site specific circumstances include –

(a) adeparture that does not materially change the desired outcomes and objectives of a municipal spatial

development framework and local spatial development framework, if applicable;

(b) the site  does not permit the development applied for in accordance with the  municipal spatial

development framework; or

(c) a unique circumstance pertaining to a discovery of national or provincial importancethat results in an

obligation in terms of any applicable legislation to protect or conserve such discovery.

(2) If the effect of an approval of an application will be a material change of the municipal spatial development

framework, the Municipality may amend the municipal spatial development framework in terms of the provisions of this

Chapter, and must approve the amended spatial development framework prior to the Municipal Planning Tribunal taking a

decision which would constitute a departure from the municipal spatial development framework.

(3) The timeframe for taking a decision on any application that cannot be decided by the Municipal Planning

Tribunal before an amendment of the municipal spatial development framework is approved by the Municipality is

suspended until such time as the municipal spatial development framework is approved by the Municipality.

(4) For purposes of this section, “site” means a spatially defined area that is impacted by the decision, including

neighbouring land.

CHAPTER 3

LAND USE SCHEME

15 Land use scheme

(1) Sections 24 to 28 of the Act apply to any land use scheme prepared and adopted by the Municipality.

(2) The provisions of this Chapter apply, with the necessary change, to the review and amendment of the land

use scheme contemplated in sections 27 and28 of the Act.

16 Purpose of land use scheme

In addition to the purposes of a land use scheme stipulated in section 25(1) of the Act, the Municipality must

determine the use and development of land within the municipal area to which it relates in order to promote -(a) harmonious and compatible land use patterns;

(b) aesthetic considerations;

(c) sustainable development and densification;

(d) the accommodation of cultural customs and practices of traditional communities in land use

management; and

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(e) a healthy environment that is not harmful to a person’s health.

17 General matters pertaining to land use scheme

(1) In order to comply with section 24(1) of the Act, the Municipality must -

(a) prepare a draft land use scheme as contemplated in section 18;

(b) create the institutional framework as contemplated in section 19;

(c) obtain Council approval for publication of the draft land use scheme as contemplated in section20;

(d) embark on the necessary public participation process as contemplated in section21;

(e) incorporate relevant comments received during the public participation process as contemplated in

section 22;

(f) prepare the land use scheme as contemplated in section 23;

(g) submit the land use scheme to the Council for approval and adoption as contemplated in section 24;

(h) publish a notice of the adoption and approval of the land use scheme in the Provincial Gazette as

contemplated in section 25; and

(i) submit the land use scheme to the Member of the Executive Council as contemplated in section 26.

(2) The Municipality may, on its own initiative or on application, create an overlay zone for land situated within the

municipal area.

(3) Zoning may be made applicable to a land unit or part thereof and must follow cadastral boundaries except for

a land unit or part thereof which has not been surveyed, in which case a reference or description as generally approved by

Council may be used.

(4) The land use schemeof the Municipality must take into consideration:

(a) the Integrated Development Plan in terms of the Municipal Systems Act;

(b) the Spatial Development Framework as contemplated in Chapter 4 of the Act and Chapter 2 of this Bylaw,

(c) provincial legislation, and

(d) an existing town planning scheme.

18 Preparation of draft land use scheme

The Municipality which intends to prepare, review or amend its land use scheme -

(a) may convene an intergovernmental steering committee and must convene a project committee in

accordance with section 19;

(b) must publish a notice in two local newspapers that is circulated in the municipal area of the

municipality in two official languages determined by the Council, having regard to the language

preferences and usage within its municipal area, as contemplated in section 21 of the Municipal

Systems of its intention to prepare, review or amend the land use scheme;

(c) must inform the Member of the Executive Council in writing of its intention to prepare, review or amend

the land use scheme;

(d) must register relevant stakeholders who must be invited to comment on the draft land use scheme or

draft review or amendment of the municipal spatial development framework as part of the process to

be followed;

(e) mustdetermine the form and content of the land use scheme;

(f) mustdetermine the scale of the land use scheme;

(g) mustdetermine any other relevant issue that will impact on the preparationand final adoption of the

land use scheme which will allow for it to be interpreted and or implemented; and

(h) must confirm the manner in which the land use schememust inter alia set out the general provisions for

land uses applicable to all land, categories of land use, zoning maps, restrictions, prohibitions and or

any other provision that may be relevant to the management of land use, which may or must not

require a consent or permission from the Municipality for purposes of the use of land.

19 Institutional framework for preparation, review or amendment of land use scheme

(1) The purpose of the intergovernmental steering committee contemplated in section 18(a) is to co-ordinate the

applicable contributions into the land use scheme and to-

(a) provide technical knowledge and expertise; 

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(b) provide input on outstanding information that is required to draft the land use scheme or an review or

amendment thereof;

(c) communicate any current or planned projects that have an impact on the municipal area;

(d) provide information on the locality of projects and budgetary allocations; and

(e) provide written comment to the project committee at each of various phases of the process.

(2) The Municipality must, before commencement of the preparation, review or amendment of the land use

scheme, in writing, invite nominations for representatives to serve on the intergovernmental steering committee from—

(a) departments in the national, provincial and local sphere of government, other organs of state,

community representatives, engineering services providers, traditional councils; and

(b) any other body or person that may assist in providing information and technical advice on the content

of the land use scheme.

(3) The purpose of the project committee contemplated in section 18(a) is to –

(a) prepare, review or amend the land use scheme for adoption by the Council;

(b) provide technical knowledge and expertise;

(c) monitor progress and ensure that the development of the land use scheme or review or amendment

thereof is progressing according to the approved project plan;

(d) guide the public participation process, including ensuring that the registered key public sector

stakeholders remain informed;

(e) ensure alignment of the  land use scheme with the  municipal spatial development framework,

development plans and strategies of other affected municipalities and organs of state;

(f) oversee the incorporation of amendments to the draft land use scheme or draft review or amendment

of the land use scheme to address comments obtained during the process of drafting thereof;

(g) if the Municipality decides to establish an intergovernmental steering committee—

(i) assist the Municipality in ensuring that the intergovernmental steering committee is established

and that timeframes are adhered to; and

(ii)   ensure the flow of information between the project committee and the intergovernmental

steering committee.

(4) The project committee must consist of –

(a) the Municipal Manager; and

(b) employeesin the full-time service of the Municipality and designated by the Municipality.

20 Council approval for publication of draft land use scheme

(1) Upon completion of the draft land use scheme, the project committee must submit it to the Council for

approval as the draft land use scheme.

(2) The submission of the draft land use scheme to the Council must be accompanied by a written report from the

project committee and the report must at least –

(a) indicate the rationale in the approach to the drafting of the land use scheme;

(b) summarise the process of drafting the draft land use scheme;

(c) summarise the consultation process to be followed with reference to section 21 of this By-law;

(d) indicate the departments that were engaged in the drafting of the draft land use scheme;

(e) indicate how the draft land use scheme complies with the requirements of relevant national and

provincial legislation, and relevant mechanism controlling and managing land use rights by the

Council;

(f) recommend the approval of the draft land use scheme for public participation in terms of the relevant

legislation and this By-law.

(3) An approval by the Council of the draft land use schemeand the public participation thereof must be given and

undertaken in terms of this By-law and the Act.

(4) The Municipality must provide the Member of the Executive Council with a copy of the draft land use scheme

after it has been approved by the Council as contemplated in this section.

21 Public participation

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(1) The public participation process must contain and comply with all the essential elements of any notices to be

placed in terms of this By-law and in the event of an amendment of the land use scheme, the matters contemplated in

section 28 of the Act.

(2) Without detracting from the provisions of subsection (1) above the Municipality must -(a)  publish a notice in the Provincial Gazette;

(b) publish a notice in two local newspapers that is circulated in the municipal area of the municipality in

two official languages determined by the Council, having regard to the language preferences and

usage within its municipal area, as contemplated in section 21 of the Municipal Systems Act, once a

week for two consecutive weeks; and

(c) enable traditional communities to participate through the appropriate mechanisms, processes and

procedures established in terms of Chapter 4 of the Municipal Systems Act;

(d) use any other method of communication it may deem appropriate and the notice contemplated in

subparagraph (b) must specifically state that any person or body wishing to provide comments and or

objections must:

(i) do so within a period of 60 days from the first day of publication of the notice;

(ii) provide written comments in the form approved by Council; and

(iii) provide their contact details as specified in thenotice.

(3) The Municipality may for purposes of public engagement arrange –

(a) aconsultative session with traditional councils and traditional communities;

(b) a specific consultation with professional bodies, ward communities or other groups; and

(c) apublic meeting.

22 Incorporation of relevant comments

(1) Within 60 days after completion of the public participation process outlined in section21 the project committee

must –

(a) review and consider all submissions made in writing or during any engagements; and

(b) prepare a report including all information they deem relevant, on the submissions made; provided that:

(i) for purposes of reviewing and considering all submissions made, the Municipal Manager may

elect to hear the submission through an oral hearing process;

(ii) all persons and or bodies that made submissions must be notified of the time, date and place of

the hearing as may be determined by the Municipality not less than 30 days prior to the date

determined for the hearing, by electronic means or registered post;

(iii) for purposes of the consideration of the submissions made on the land use scheme the

Municipality may at any time prior to the submission of the land use scheme to the Council,

request further information or elaboration on the submissions made from any person or body.

(2) The project committee must for purposes of proper consideration provide comments on the submissions

made which comments must form part of the documentation to be submitted to the Council as contemplated in

subsection(1)(b).

23 Preparation of land use scheme

The project committee must, where required and based on the submissions made during public participation, make

final amendments to the draft land use scheme, provided that; if such amendments are in the opinion of the Municipality

materially different to what was published in terms of section21(2), the Municipality must follow a further consultation and

public participation process in terms of section21(2) of this By-law, before the land use scheme is adopted by the Council.

24 Submission of land use scheme to Council for approval and adoption

(1) The project committeemust -(a)  within 60 days from the closing date for objections contemplated in section21(2)(d)(i), or

(b) if a further consultation and public participation process is followed as contemplated in section23,

within 60 days from the closing date of such further objections permitted in terms of section 23 read

with section21(2)(d)(i),

submit the proposed land use scheme and all relevant supporting documentation to the Council with a

recommendation for adoption.

(2) The Council must consider and adopt the land use scheme with or without amendments.

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25 Publication of notice of adoption and approval of land use scheme

(1) The Council must, within 60 days of its adoption of the land use scheme referred to in section24(2),publish

notice of the adoption in the media and the Provincial Gazette.

(2) The date of publication of the notice referred to in subsection (1), in the Provincial Gazette, is the date of

coming into operation of the land use scheme unless the notice indicates a different date of coming into operation.

26 Submission to Member of Executive Council

After the land use scheme is published in terms of section 25 the Municipality must submit the approved land use

scheme to the Member of the Executive Council for cognisance.

27 Records

(1) The Municipality mustin hard copy or electronic formatkeep record in the register of amendments to the land

use scheme contemplated in section29of the land use rights in relation to each erf or portion of land and which information

is regarded as part of its land use scheme.

(2) The Municipality must keep, maintain and make accessible to the public, including on the Municipality’s

website, the approved land use scheme and or any component thereof applicable within the municipal area of the

Municipality.

(3) Should anybody or person request a copy of the approved land use scheme, or any component thereof, the

Municipality must provide on payment by such body or person of the fee approved by the Council, a copy to them of the

approved land use scheme or any component thereofin accordance with the provisions of its Promotion of Access to

Information By-Law or policy, if applicable.

28 Contents of land use scheme

(1) The contents of a land use scheme developed and prepared by the Municipality must include all the essential

elements contemplated in Chapter 5 of the Act and provincial legislation and must contain –

(a) a zoning for all land within the municipal area in accordance with a category of zoning as approved by

Council;

(b) land use regulations including specific conditions, limitations, provisions or prohibitions relating to the

exercising of any land use rights or zoning approved on a property in terms of the approved land use

scheme or any amendment scheme, consent, permission or conditions of approval of an application on

a property;

(c) provisions for public participation that may be required for purposes of any consent, permission or

relaxation in terms of an approved land use scheme;

(d) provisions relating to the provision of engineering services, which provisions must specifically state

that land use rights may only be exercised if engineering services can be provided to the property to

the satisfaction of the Municipality;

(e) servitudes for municipal services and access arrangements for all properties;

(f) provisions applicable to all properties relating to storm water;

(g) provisions for the construction and maintenance of engineering services including but not limited to

bodies established through the approval of land development applications to undertake such

construction and maintenance;

(h) zoning maps as approved by Councilthatdepicts the zoning of every property in the municipal area as

updated from time to time in line with the land use rights approved or granted; and

(i) transitional arrangements with regard to the manner in which the land use scheme is to be

implemented.

(2) The land use scheme may –

(a) determine the components of the land use scheme for purposes of it being applied, interpreted and

implemented; and

(b) include any matter which it deems necessary for municipal planning in terms of the constitutional

powers, functions and duties of a municipality.

29 Register of amendments to land use scheme

The Municipality must keep and maintain aland use scheme register in a hard copy or electronic format as approved

by the Council and it must contain the following but is not limited to:

(a) Date of application;

(b) name and contact details of applicant;

(c) type of application;

(d) propertydescription and registration division;

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(e) previous and approvedzoning and existing land use;

(f) a copy of the approved site development plan referred to in section 53;

(g) amendment scheme number;

(h)   annexurenumber;

(i) itemnumber;

(j) itemdate;

(k)   decision (approved/on appeal/not approved);

(l) decisiondate.

30 Consolidation of amendment of land use scheme

(1) The Municipality may of its own accord in order to consolidate an amendment of a land use scheme or map,

annexure or schedule of the approved land use scheme, of more than one portion of land, prepare a certified copy of

documentation as the Municipality may require, for purposes of consolidating the said amendment scheme, which

consolidated amendment scheme is in operation from the date of the signing thereof provided that:

(a)   such consolidation must not take away any land use rights granted in terms of an approved land use

scheme, for purposes of implementation of the land use rights;

(b) afterthe Municipality has signed and certified a consolidation amendment scheme, it must publish it in

the Provincial Gazette.

(2) Where as a result of repealed legislation, the demarcation of municipal boundaries or defunct processes it is

necessary in the opinion of the Municipality for certain areas where land use rights are governed through a process, other

than a land use scheme; the Municipality may for purposes of including such land use rights into a land use scheme

prepare an amendment scheme and incorporate it into the land use scheme.

(3) The provisions of sections 15 to 29apply, with the necessary changes, to the review or amendment of an

existing land use scheme.

CHAPTER 4

INSTITUTIONAL STRUCTURE FOR LAND USE MANAGEMENT DECISIONS

Part A: Division of Functions

31 Categories of applications for purposes of section 35(3) of Act

(1) The Council must, by resolution, categorise applications to be considered by the Land Development Officer

and applications to be referred to the Municipal Planning Tribunal.

(2) When categorising applications contemplated in subsection (1), the Council must take cognisance of the

aspects referred to in regulation 15(2) of the Regulations.

(3) If the Council does not categorise applications contemplated in subsection (1), regulation 15(1) of the

Regulations apply.

Part B: Land Development Officer

32 Designation and functions of Land Development Officer

(1) The Municipality must, in writing,determine that the incumbent of a particular post on the Municipality’s post

establishment is the Land Development Officer of the Municipality.

(2) The Land Development Officer must:

(a) assist the Municipality in the management of applications submitted to the Municipality;

(b) consider and determine categories of applications contemplated in section 31(1).

(3) The Land Development Officer may refer any application that he or she may decide in terms of section 31, to

the Municipal Planning Tribunal.

Part C: Establishment of Municipal Planning Tribunal for Local Municipal Area

33 Establishment of Municipal Planning Tribunal for local municipal area

Subject to the provisions of Part D and E of this Chapter, the Municipal Planning Tribunal is hereby established for

the municipal area in compliance with section 35 of the Act.

34 Composition of Municipal Planning Tribunal for local municipal area

(1) The Municipal Planning Tribunal consists of between 5 and 16 members of whichthree members must be in

the full-time service of the Municipality and the remaining members must be appointed from the following:

(a) a person who isregistered as a professional planner with the South African Council for the Planning

Profession in terms of the Planning Profession Act, 2002 (Act No. 36 of 2002);

(b) a person who is  registered as a professional with the Engineering Council of South Africa in terms of

the Engineering Profession Act, 2000 (Act No. 46 of 2000);

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(c) a person with financial experience relevant to land development and land use and who is registered

with a recognised voluntary association or registered in terms of the Auditing Profession Act, 2005 (Act

No. 26 of 2005);

(d) a person who is either admitted as an attorney in terms of the Attorneys Act, 1979 (Act No. 53 of 1979)

or admitted as advocate of the Supreme Court in terms of the Admission of Advocates Act, 1964 (Act

No. 74 of 1964);

(e) a person who is registered as a professional land surveyor in terms of the Professional and Technical

Surveyors' Act, 1984 (Act No. 40 of 1984), or a geomatics professional in the branch of land surveying

in terms of the Geomatics Profession Act, 2013 (Act No. 19 of 2013);

(f) a person who is registered as an environmental assessment practitioner with a relevant professional

body; and

(g) any other person who has knowledge and experience of spatial planning, land use management and

land development or the law related thereto.

(2) The persons in the full-time service of the Municipality referred to in subsection (1)must have at least three

years’ experience in the field in which they are performing their services.

(3) The persons referred to in subsection (1)(a) to (g) must –

(a) demonstrate knowledge of spatial planning, land use management and land development of the law

related thereto;

(b) have at least five years’ practical experience in the discipline within which they are registered or in the

case of a person referred to in subsection (1)(g) in the discipline in which he or she is practising;

(c) demonstrate leadership in his or her profession or vocation or in community organisations.

35 Nomination procedure

(1) The Municipality must -(a)  in the case of the first appointment of members to the Municipal Planning Tribunal, invite and call for

nominations as contemplated in Part B of Chapter 2 of the Regulations as soon as possible after the

approval of the Regulations by the Minister; and

(b) in the case of the subsequent appointment of members to the Municipal Planning Tribunal, 90 days

before the expiry of the term of office of the members serving on the Municipal Planning Tribunal,

invite and call for nominations as contemplated in Part B of the Regulations.

(2) The invitation to the organs of state and non-governmental organisations contemplated in regulation 3(2)(a) of

the Regulations must be addressed to the organs of state and non-governmental organisations and must be in the form

contemplated in Schedule 1 together with any other information deemed necessary by the Municipality.

(3) The call for nominations to persons in their individual capacity contemplated in regulation 3(2)(b) of the

Regulations must be in the form contemplated in Schedule 2 and–

(a) must be published in one local newspaper that is circulated in the municipal area of the Municipality in

two official languages determined by the Council, having regard to language preferences and usage

within its municipal area, as contemplated in section 21 of the Municipal Systems Act;

(b) may be submitted to the various professional bodies which registers persons referred to in section

34(1) with a request to distribute the call for nominations to their members and to advertise it on their

respective websites;

(c) may advertise the call for nominations on the municipal website; and

(d) utilise any other method and media it deems necessary to advertise the call for nominations.

36 Submission of nomination

(1) The nomination must be in writing and be addressed to the Municipal Manager.

(2) The nomination must consist of –

(a) the completed declaration contained in the form contemplated in Schedule 2  and all pertinent

information must be provided within the space provided on the form;

(b) the completed declaration of interest form contemplated in Schedule 3;

(c) the motivation by the nominator contemplated in subsection (3)(a); and

(d) thesummarised curriculum vitae of the nominee contemplated in subsection (3)(b).

(3) In addition to the requirements for the call for nominations contemplated in regulation 3(6) of the Regulations,

the nomination must request –

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(a) a motivation by the nominator for the appointment of the nominee to the Municipal Planning Tribunal

which motivation must not be less than 50 words or more than 250 words; and

(b) asummarised curriculum vitae of the nominee not exceeding two A4 pages.

37 Initial screening of nomination by Municipality

(1) After the expiry date for nominations the Municipality must screen all of the nominations received by it to

determine whether the nominations comply with the provisions of section 35.

(2) The nominations that are incomplete or do not comply with the provisions of section 35 must be rejected by

the Municipality.

(3) Every nomination that is complete and that complies with the provisions of section 35 must be subjected to

verification by the Municipality.

(4) If, after the verification of the information by the Municipality, the nominee is ineligible for appointment due to

the fact that he or she –

(a) was not duly nominated;

(b) is disqualified from appointment as contemplated in section 38 of the Act;

(c) does not possess the knowledge or experience as required in terms of section 34(3); or

(d) is not registered with the professional councils or voluntary bodies contemplated in section 34(1), if

applicable,

the nomination must be rejected and must not be considered by the evaluation panel contemplated in section 38.

(5) Every nomination that has been verified by the Municipality and the nominee  found to be  eligible for

appointment to the Municipal Planning Tribunal,must be considered by the evaluation panel contemplated in section 38.

(6) The screening and verification process contained in this section must be completed within 30 days from the

expiry date for nominations.

38 Evaluation panel

(1) The evaluation panel contemplated in regulation 3(1)(g) read with regulation 3(11) of the Regulations,

consists of five officials in the employ of the Municipality appointed by the Municipal Manager.

(2) The evaluation panel must evaluate all nominations within 30 days of receipt of the verified nominations and

must submit a report with their recommendations to the Council for consideration.

39 Appointment of members to Municipal Planning Tribunal by Council

(1) Upon receipt of the report, the Council must consider the recommendations made by the evaluation panel and

thereafter appoint the members to the Municipal Planning Tribunal.

(2) After appointment of the members to the Municipal Planning Tribunal, the Council must designate a

chairperson from the officials referred to in section 34(1)and a deputy chairperson from the members so appointed.

(3) The Municipal Manager must, in writing, notify the members of their appointment to the Municipal Planning

Tribunal and, in addition, to the two members who are designated as chairperson and deputy chairperson, indicate that

they have been appointed as such.

(4) The Municipal Manager must, when he or she publishes the notice of the commencement date of the

operations of the first Municipal Planning Tribunal contemplated in section 44, publish the names of the members of the

Municipal Planning Tribunal and their term office in the same notice.

40 Term of office and conditions of service of members of Municipal Planning Tribunal for municipal area

(1) A member of the Municipal Planning Tribunal appointed in terms of this Chapter is appointed for a term of five

years, which is renewable once for a further period of five years.

(2) The office of a member becomes vacant if that member -(a)  is absent from two consecutive meetings of the Municipal Planning Tribunal without the leave of the

chairperson of the Municipal Planning Tribunal;

(b) tenders his or her resignation in writing to the chairperson of the Municipal Planning Tribunal;

(c) is removed from the Municipal Planning Tribunal under subsection (3); or

(d) dies.

(3) The Council may remove a member of the Municipal Planning Tribunal if -(a)  sufficient reasons exist for his or her removal;

(b) a member contravenes the code of conduct contemplated in Schedule 4;

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(c) a member becomes subject to a disqualification as contemplated in section 38(1) of the Act.

after giving the member an opportunity to be heard.

(4) A person in the full-time service of the Municipality contemplated in section34(1) who serves on the Municipal

Planning Tribunal –

(a) may only serve as member of the Municipal Planning Tribunal for as long as he or she is in the fulltime service of the municipality;

(b) is bound by the conditions of service determined in his or her contract of employment and is not

entitled to additional remuneration, allowances, leave or sick leave or any other employee benefit as a

result of his or her membership on the Municipal Planning Tribunal;

(c) who is found guilty of misconduct under the collective agreement applicable to employees of the

Municipality must immediately be disqualified from serving on the Municipal Planning Tribunal.

(5) A person appointed by the Municipality in terms of section 34(1)(a) to (g) to the Municipal Planning Tribunal -

(a) is not an employee on the staff establishment of the Municipality;

(b) if that person is an employee of an organ of state as contemplated in regulation 3(2)(a) of the

Regulations, is bound by the conditions of service determined in his or her contract of employment and

is not entitled to additional remuneration, allowances, leave or sick leave or any other employee

benefit as a result of his or her membership on the Municipal Planning Tribunal;

(c) performs the specific tasks allocated by the chairperson of the Municipal Planning Tribunal to him or

her for a decision hearing of the Municipal Planning Tribunal ;

(d) sits at such meetings of the Municipal Planning Tribunal that requires his or her relevant knowledge

and experience as determined by the chairperson of the Municipal Planning Tribunal;

(e) in the case of a person referred to in regulation 3(2)(b) of the Regulations is entitled to a seating and

travel allowance for each meeting of the Municipal Planning Tribunal that he or she sits on determined

annually by the municipality in accordance with the Act;

(f) is not entitled to paid overtime, annual leave, sick leave, maternity leave, family responsibility leave,

study leave, special leave, performance bonus, medical scheme contribution by municipality, pension,

motor vehicle or any other benefit which a municipal employee is entitled to.

(6) All members of the Municipal Planning Tribunal must sign the Code of Conduct contained in Schedule 4

before taking up a seat on the Municipal Planning Tribunal.

(7) All members serving on the Municipal Planning Tribunal must adhere to ethics adopted and applied by the

Municipality and must conduct themselves in a manner that will not bring the name of the Municipality into disrepute.

(8) The members of the Municipal Planning Tribunal, in the execution of their duties,must comply with the

provisions of the Act, provincial legislation, this By-law and the Promotion of Administrative Justice Act, 2000 (Act No. 3 of

2000).

41 Vacancy and increase of number of members of Municipal Planning Tribunal

(1) A vacancy on the Municipal Planning Tribunal must be filled by the Council in terms of section34.

(2) A member who is appointed by virtue of subsection (1) in a vacant seat holds office for the unexpired portion

of the period for which the member he or she replaces was appointed.

(3) The Municipality may, during an existing term of office of the Municipal Planning Tribunal and after a review of

the operations of the Municipal Planning Tribunal, increase the number of members appointed in terms of this Part and in

appointing such additional members, it must adhere to the provisions of sections 34 to 39.

(4) In appointing such additional members the Municipality must ensure that the total number of members of the

Municipal Planning Tribunal does not exceed 16 members as contemplated in section 34.

(5) A member who is appointed by virtue of subsection (3) holds office for the unexpired portion of the period that

the current members of the Municipal Planning Tribunal hold office.

42 Proceedings of Municipal Planning Tribunal for municipal area

(1) The Municipal Planning Tribunal must operate in accordance with the operational procedures determined by

the Municipality.

(2) A quorum for a meeting of the Municipal Planning Tribunal or its committees is a majority of the members

appointed for that decision meeting and present at that decision meeting.

(3) Decisions of the Municipal Planning Tribunal are taken by resolution of a majority of all the members present

at a meeting of Municipal Planning Tribunal, and in the event of an equality of votes on any matter, the person presiding at

the meeting in question will have a deciding vote in addition to his or her deliberative vote as a member of the Municipal

Planning Tribunal.

(4) Meetings of the Municipal Planning Tribunal must be held at the times and places determined by the

chairperson of the Municipal Planning Tribunal in accordance with the operational procedures of the Municipal Planning

Tribunal but meetings must be held at least once per month, if there are applications to consider.

(5) The chairperson may arrange multiple Municipal Planning Tribunal meetings on the same day constituted

from different members of the Municipal Planning Tribunal and must designate a presiding officer for each of the meetings.

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(6) If an employee of the Municipality makes a recommendation to the Municipal Planning Tribunal regarding an

application, that employee may not sit as a member of the Municipal Planning Tribunal while that application is being

considered and determined by the Municipal Planning Tribunal but such employee may serve as a technical adviser to the

Municipal Planning Tribunal.

43 Tribunal of record

(1) The Municipal Planning Tribunal is a Tribunal of record and must record all proceedings, but is not obliged to

provide the in -committee discussions to any member of the public or any person or body.

(2) The Municipality must make the record of the Municipal Planning Tribunal available to any person upon request

and payment of the fee approved by the Council and in accordance with the provisions of its Promotion of Access to

Information By-Law or policy, if applicable.

44 Commencement date of operations of Municipal Planning Tribunal for local municipal area

(1) The Municipal Manager must within 30 days of the first appointment of members to the Municipal Planning

Tribunal -

(a) obtain written confirmation from the Council that it is satisfied that the Municipal Planning Tribunal is in

a position to commence its operations; and

(b) after receipt of the confirmation referred to in paragraph (a) publish a notice in the Provincial Gazette

of the date that the Municipal Planning Tribunal will commence with its operation together with the

information contemplated in section 39(4).

(2) The Municipal Planning Tribunal may only commence its operations after publication of the notice

contemplated in subsection (1).

Part D: Establishment of Joint Municipal Planning Tribunal

45 Agreement to establish joint Municipal Planning Tribunal

(1) If the Municipality decides to establish a joint Municipal Planning Tribunal, it must, as soon as possible,

commence discussions with the other Municipalities that have indicated that they would be party to a joint Municipal

Planning Tribunal.

(2) The parties to the discussion contemplated in subsection (1) must, as soon as practicable, conclude an

agreement that complies with the requirements of the Act.

(3) The Municipality must, within 30 days after signing the agreement, publish the agreement as contemplated in

section 34(3) of the Act.

46 Composition of joint Municipal Planning Tribunal

(1) If ajoint Municipal Planning Tribunal is established it must consist of -

(a) at least one official of each participating municipality in the full-time service of the participating

municipalities; and

(b) personsreferred to in section 34(1)(a) to (g).

(2) No municipal councillor of a participating municipality may be appointed as a member of a joint Municipal

Planning Tribunal.

47 Status of decision of joint Municipal Planning Tribunal

A decision of a joint Municipal Planning Tribunal is binding on both the applicant and the Municipality in whose area

of jurisdiction the land relating to the application is located as if that decision was taken by a Municipal Planning Tribunal

for a local municipal area.

48 Applicability of Part C, F and G to joint Municipal Planning Tribunal

The provisions of Part C, Part F and G apply, with the necessary changes, to a joint Municipal Planning Tribunal.

Part E: Establishment of District Municipal Planning Tribunal

49 Agreement to establish district Municipal Planning Tribunal

(1) If requested by a district municipality , the Municipality decides to establish a district Municipal Planning

Tribunal, it must, as soon as possible, commence discussions with the other Municipalities in the district and conclude the

necessary agreement that complies with the requirements of the Act.

(2) The Municipality must, within 30 days after signing the agreement, publish the agreement as contemplated in

section 34(3) of the Act.

50 Composition of district Municipal Planning Tribunals

(1) A district Municipal Planning Tribunal must consist of -

(a) at least three officials of each participating municipality in the full-time service of the municipalities;

and

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(b) personsreferred to in section 34(1)(a) to (g).

(2) No municipal councillor of a participating municipality may be appointed as a member of a district

Municipal Planning Tribunal.

51 Status of decision of district Municipal Planning Tribunal

A decision of a district Municipal Planning Tribunal is binding on both the applicant and the Municipality in whose

area of jurisdiction the land relating to the application is located as if that decision was taken by a Municipal Planning

Tribunal for a local municipal area.

52 Applicability of Part C, F and G to district Municipal Planning Tribunal

The provisions of Part C, Part F and Part G apply, with the necessary changes, to a joint Municipal Planning

Tribunal.

Part F: Decisions of Municipal Planning Tribunal

53 General criteria for consideration and determination of application by Municipal Planning Tribunal or Land

Development Officer

(1) When the Municipal Planning Tribunal or Land Development Officer considers an application submitted in

terms of this By-Law, it, he or she must have regard to the following:

(a) the application submitted in terms of this By-law;

(b) the procedure followed in processing the application;

(c) the desirability of the proposed utilisation of land and any guidelines issued by the Member of the

Executive Council regarding proposed land uses;

(d) the comments in response to the notice of the application and the comments received from organs of

state and internal departments;

(e) the response by the applicant to the comments referred to in paragraph (d);

(f) investigations carried out in terms of other laws which are relevant to the consideration of the

application;

(g) a written assessment by a professional planner as defined in section 1 of the Planning Profession Act,

2002, in respect of land development applications to be considered and determined by the Municipal

Planning Tribunal;

(h) the integrated development plan and municipal spatial development framework;

(i) the applicable local spatial development frameworks adopted by the Municipality;

(j) the applicable structure plans;

(k) the applicable policies of the Municipality that guide decision-making;

(l) the provincial spatial development framework;

(m) where applicable, the regional spatial development framework;

(n) the policies, principles, planning and development norms and criteria set by national and provincial

government;

(o) the matters referred to in section 42 of the Act;

(p) the relevant provisions of the land use scheme.

(2)   The Municipality must approve a site development plan submitted to it for approval in terms of applicable

development parameters or conditions of approval contemplated in section 54 if the site development plan -(a) is consistent with the development rules of the zoning;

(b) is consistent with the development rules of the overlay zone;

(c) complies with the conditions of approval contemplated in section 54; and

(d) complies with this By-law.

(3) When a site development plan is required in terms of development parameters or conditions of approval

contemplated in section 54 -(a) theMunicipality must not approve a building plan if the site development plan has not been approved;

and

(b) theMunicipality must not approve a building plan that is inconsistent with the approved site

development plan.

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(4) The written assessment of a professional planner contemplated in subsection (1)(g) must include such

registered planner’s evaluation of the proposal confirming that the application complies withthe procedures required by this

By-law, the spatial development framework, the land use scheme; applicable policies and guidelines; or if the application

does not comply, state to what extent the application does not comply.

54 Conditions of approval

(1) When the Municipal Planning Tribunal or Land Development Officer approves an application subject to

conditions, the conditions must be reasonable conditions and must arise from the approval of the proposed utilisation of

land.

(2) Conditions imposed in accordance with subsection (1) may include conditions relating to—

(a) the provision of engineering services and infrastructure;

(b) the cession of land or the payment of money;

(c) the provision of land needed for public places or the payment of money in lieu of the provision of land

for that purpose;

(d) the extent of land to be ceded to the Municipality for the purpose of a public open space or road as

determined in accordance with a policy adopted by the Municipality;

(e) settlement restructuring;

(f) agricultural or heritage resource conservation;

(g) biodiversity conservation and management;

(h) the provision of housing with the assistance of a state subsidy, social facilities or social infrastructure;

(i) energy efficiency;

(j) requirements aimed at addressing climate change;

(k) the establishment of an owners’ association in respect of the approval of a subdivision;

(l) the provision of land needed by other organs of state;

(m) the endorsement in terms of section 31 of the Deeds Registries Act in respect of public places where

the ownership thereof vests in the municipality or the registration of public places in the name of the

municipality, and the transfer of ownership to the municipality of land needed for other public purposes;

(n) the implementation of a subdivision in phases;

(o) requirements of other organs of state;

(p) the submission of a construction management plan to manage the impact of a new building on the

surrounding properties or on the environment;

(q) agreements to be entered into in respect of certain conditions;

(r) the phasing of a development, including lapsing clauses relating to such phasing;

(s) the delimitation of development parameters or land uses that are set for a particular zoning;

(t) the setting of validity periods, if the Municipality determined a shorter validity period as contemplated in

this By-law;

(u) the setting of dates by which particular conditions must be met;

(v) the circumstances under which certain land uses will lapse;

(w) requirements relating to engineering services as contemplated in Chapter 7;

(x) requirements for an occasional use that must specifically include –

(i) parking and the number of ablution facilities required;

(ii) maximum duration or occurrence of the occasional use; and

(iii)         

   parameters relating to a consent use in terms of the land use scheme.

(3) If a Municipal Planning Tribunal or Land Development Officer imposes a condition contemplated in subsection

(2)(a), an engineering services agreement must be concluded between the Municipality and the owner of the land

concerned before the construction of infrastructure commences on the land.

(4) A condition contemplated in subsection (2)(b) may require only a proportional contribution to municipal public

expenditure according to the normal need therefor arising from the approval, as determined by the Municipality in

accordance with norms and standards, as may be prescribed.

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(5) Municipal public expenditure contemplated in subsection (4) includes but is not limited to municipal public

expenditure for municipal service infrastructure and amenities relating to—

(a) community facilities, including play equipment, street furniture, crèches, clinics, sports fields, indoor

sports facilities or community halls;

(b) conservation purposes;

(c) energy conservation;

(d) climate change; or

(e) engineering services.

(6) Except for land needed for public places or internal engineering services, any additional land required by the

municipality or other organs of state arising from an approved subdivision must be acquired subject to applicable laws that

provide for the acquisition or expropriation of land.

(7) A Municipal Planning Tribunal or Land Development Officer must not approve a land development or land use

application subject to a condition that approval in terms of other legislation is required.

(8) Conditions which require a standard to be met must specifically refer to an approved or published standard.

(9) No conditions may be imposed which affect a third party or which are reliant on a third party for fulfilment.

(10) If the Municipal Planning Tribunal  or Land Development Officer approves a land development or use

application subject to conditions, it must specify which conditions must be complied with before the sale, development or

transfer of the land.

(11) The Municipal Planning Tribunalor Land Development Officer may, on its, his or her  own initiative or on

application, amend, delete or impose additional conditions after due notice to the owner and any persons whose rights

may be affected.

(11) After the applicant has been notified that his or her application has been approved, the Municipal Planning

Tribunal or Land Development Officer or at the applicant’s request may, after consultation with the applicant, amend or

delete any condition imposed in terms of this section or add any further condition, provided that if the amendment is in the

opinion of the Municipal Planning Tribunal or Land Development Officer so material as to constitute a new application, the

Municipal Planning Tribunal or Land Development Officer may not exercise its, his or her powers in terms hereof and must

require the applicant to submit an amended or new application and in the sole discretion of the Municipal Planning

Tribunal or Land Development Officer to re-advertise the application in accordance with section107.

55 Reference to Municipal Planning Tribunal

Any reference to a Municipal Planning Tribunal in this Part is deemed to be a reference to a joint Municipal Planning

Tribunal or a district Municipal Planning Tribunal.

Part G: Administrative Arrangements

56 Administrator for Municipal Planning Tribunal

(1) The Municipal Manager must designate an employee as the administrator for the Municipal Planning Tribunal.

(2) The person referred to in subsection (1) must—

(a) liaise with the relevant Municipal Planning Tribunal members and the parties in relation  to any

application or other proceedings filed with the Municipality;

(b) maintain a diary of hearings of the Municipal Planning Tribunal;

(c) allocate meeting dates and application numbers to applications;

(d) arrange the attendance of meetings by members of the Municipal Planning Tribunal;

(e) arrange venues for Municipal Planning Tribunal meetings;

(f) administer the proceedings of the Municipal Planning Tribunal;

(g) perform the administrative functions in connection with the proceedings of the Municipal Planning

Tribunal;

(h) ensure the efficient administration of the proceedings of the Municipal Planning Tribunal, in

accordance with the directions of the chairperson of the Municipal Planning Tribunal;

(i) arrange the affairs of the Municipal Planning Tribunal so as to ensure that time is available to liaise

with other authorities regarding the alignment of integrated applications and authorisations;

(j) notify parties of orders and directives given by the Municipal Planning Tribunal;

(k) keep a record of all applications submitted to the Municipal Planning Tribunal and the outcome of

each, including—

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(i) decisions of the Municipal Planning Tribunal;

(ii) on-site inspections and any matter recorded as a result thereof;

(iii) reasons for decisions; and

(iv) proceedings of the Municipal Planning Tribunal; and

(l) keep records by any means as the Municipal Planning Tribunal may deem expedient.

CHAPTER 5

DEVELOPMENT MANAGEMENT

Part A: Types of Applications

57 Types of applications

A person may make application for the following in terms of this By-Law –

(a) establishment of a township or the extension of the boundaries of a township;

(b) division or phasing of a township;

(c) amendment or cancellation in whole or in part of a general plan of a township;

(d) amendment of an existing scheme or land use scheme by the rezoning of land, including rezoning to

an overlay zone;

(e) removal, amendment or suspension of a restrictive or obsolete condition, servitude or reservation

registered against the title of the land;

(f) subdivision of land;

(g) consolidation of land;

(h) amendment or cancellation of a subdivision plan;

(i) permanent closure of any public place;

(j) consent use;

(k) development on communal land that will have a high impact on the traditional community concerned;

(l) permanent or temporary departure from land use scheme

(m) extension of the period of validity of an approval;

(n) exemption of a subdivision from the need for approval in terms of this By-Law as contemplated in

section75;

(o) determination of a zoning;

(p) amendment, deletion or addition of conditions in respect of an existing approval granted or deemed to

be granted in terms of section 53(11);

(q) approval of the constitution of an owners’ association or an amendment of the constitution of the

owners’ association;

(r) any other application provided for in this By-Law;

(s) any other application which the Council may determine in terms of this By-Law.

(t) any combination of the applications referred to in this section submitted simultaneously as one

application.

58 Application for land development required

(1) No person may commence with, carry on or cause the commencement with or carrying on of land

development which is not permitted in the land use scheme.

(2) When an applicant or owner exercises a use right granted in terms of an approval he or she must comply with

the conditions of the approval and the applicable provisions of the land use scheme.

(3) In addition to the provisions of this Chapter, the provisions of Chapter 6 apply to any application submitted to

the Municipality in terms of this Chapter.

(4) Any reference to the Municipality in this Chapter includes a reference to the Municipal Planning Tribunal and

the Land Development Officer, as the case may be.

Part B: Establishment of Township or Extension of Boundaries of Township

59 Application for establishment of township

(1) An applicant who wishes to establish a township on land or for the extension of the boundaries of an

approved township must applyto the Municipality for the establishment of a township or for the extension of the boundaries

of an approved township in the manner provided for in Chapter 6.

(2) The Municipality must,in approving an application for township establishment, set out:

(a) the conditions of approval contemplated in section 54 in a statement of conditions in the form approved

by the Council;

(b) the statement of conditions which conditions shall be known as conditions of establishment for the

township; and

(c) the statement of conditions must, in the opinion of the Municipality, substantially be in accordance with

this By-law.

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(3) The statement of conditions must, read with directives that may be issued by the Registrar of Deeds, contain

the following:

(a) Specify those conditions that must be complied with prior to the opening of a township register for the

township with the Registrar of Deeds;

(b) the conditions of establishment relating to the township that must remain applicable to the township;

(c) conditions of title to be incorporated into the title deeds of the erven to be created for purposes of the

township;

(d) third party conditions as required by the Registrar of Deeds;

(e) the conditions to be incorporated into the land use scheme by means of an amendment scheme.

(f) if a non-profit company is to be established for purposes of maintaining or transfer of erven within the

township to them the conditions that must apply;

(g) any other conditions and or obligation on the township owner, which in the opinion of the Municipality

deemed necessary for the proper establishment, execution and implementation of the township.

(4) After the applicant has been notified that his or her application has been approved, the Municipality or at the

applicant’s request may, after consultation with the applicant, amend or delete any condition imposed in terms of

subsection (6) or add any further condition,provided that if the amendment is in the opinion of the Municipality so material

as to constitute a new application, the Municipality must not exercise its powers in terms hereof and must require the

applicant to submit an amended or new application and in the sole discretion of the Municipality to re-advertise the

application in accordance with section107.

(5) After the applicant has been notified that his or her application has been approved, the Municipality or at the

applicant’s request may, after consultation with the applicant and the Surveyor General, amend the layout of the township

approved as part of the township establishment:Provided that if the amendment is in the opinion of the Municipality so

material as to constitute a new application, the Municipality must not exercise its powers in terms hereof and require the

applicant to submit an amended or new application in the opinion of the Municipality and re-advertise the application in the

sole discretion of the Municipality in accordance with section 107.

(6) Without detracting from the provisions of subsection (5) and (6) the Municipality may require the applicant or

the applicant of his or her own accord, amend both the conditions and the layout plan of the township establishment

application as contemplated therein.

60 Division or phasing of township

(1) An applicant who has been notified in terms of section115 that his or her application has been approved may,

within the period permitted by the Municipality, apply to the Municipality for the division of the township into two or more

separate townships.

(2) On receipt of an application in terms of subsection (1) the Municipality must consider the application and may

for purposes of the consideration of the application require the applicant to indicate whether the necessary documents

were lodged with the Surveyor-General or provide proof that he or she consulted with the Surveyor General.

(3) Where the Municipality approves an application it may impose any condition it may deem expedient and must

notify the applicant in writing thereof and of any conditions imposed.

(4) The applicant must, within a period of 3 months or such further period as the Municipality may allow from the

date of the notice contemplated in subsection (3), submit to the Municipality such plans, diagrams or other documents and

furnish such information as may be required in respect of each separate township.

(5) On receipt of the documents or information contemplated in subsection (4) the Municipality must notify the

Surveyor-General, and the registrar in writing of the approval of the application and such notice must be accompanied by

a copy of the plan of each separate township.

61 Lodging of layout plan for approval with the Surveyor-General.

(1) An applicant who has been notified in terms of section 115 that his or her application has been approved,

must, within a period of 12 months from the date of such notice, or such further period as the Municipality may allow which

period may not be longer than five years, lodge for approval with the Surveyor-General such plans, diagrams or other

documents as the Surveyor-General may require, and if the applicant fails to do so the application lapses.

(2) For purposes of subsection (1), the Municipality must provide to the applicant a final schedule as

contemplated in section 59(2) and (3) of the conditions of establishment together with a stamped and approved layout

plan.

(3) The Municipality must for purposes of lodging the documents contemplated in subsection (1) determine street

names and numbers on the layout plan.

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(4) Where the applicant fails, within a reasonable time as may be determined by the Municipality after he or she

has lodged the plans, diagrams or other documents contemplated in subsection (1), to comply with any requirement the

Surveyor-General may lawfully determine, the Surveyor-General must notify the Municipality that he or she is satisfied,

after hearing the applicant, that the applicant has failed to comply with any such requirement without sound reason, and

thereupon the approval lapses.

(5) After an applicant has been notified that his or her application has been approved, the municipality may:

(a) where the documents contemplated in subsection (1) have not yet been lodged with the Surveyor

General;

(b) where the documents contemplated in subsection (1) have been lodged with the Surveyor General,

after consultation with the Surveyor General,

consent to the amendment of such documents, unless the amendment is, in its opinion, so material as to constitute a new

application for the establishment of a township.

62 Compliance with pre-proclamation conditions of approval

(1) The applicant must provide proof to the satisfaction of the Municipality within the timeframes as prescribed in

terms of this By-law, that all conditions contained in the schedule to the approval of a township establishment application

have been complied with.

(2) The Municipality must certify that all the conditions that have to be complied with by the applicant or owner as

contemplated in section59(2) and (3) have been complied with including the provision of guarantees and payment of

monies that may be required.

(3) The Municipality must at the same time notify the Registrar of Deeds and Surveyor General of the certification

by the Municipality in terms of subsection (2).

(4) The Municipality may agree to an extension of time as contemplated in subsection(1), after receiving a written

application from the applicant for an extension of time: Provided that such application provides motivation for the extension

of time.

63 Opening of Township Register

(1) The applicant must lodge with the Registrar of Deeds the plans and diagrams contemplated in section61 as

approved by the Surveyor-General together with the relative title deeds for endorsement or registration, as the case may

be.

(2) For purposes of subsection (1) the Registrar must not accept such documents for endorsement or registration

until such time as the Municipality has certified that the applicant has complied with such conditions as the Municipality

may require to be fulfilled in terms of section59(3).

(3) The plans, diagrams and title deeds contemplated in subsection (1) and certification contemplated in

subsection (2) must be lodged within a period of 12 months from the date of the approval of such plans and diagrams, or

such further period as the Municipality may allow.

(4) If the applicant fails to comply with the provisions of subsections (1), (2) and (3), the application lapses.

(5) Having endorsed or registered the title deeds contemplated in subsection (1), the Registrar must notify the

Municipality forthwith of such endorsement or registration, and thereafter the Registrar must not register any further

transactions in respect of any land situated in the township until such time as the township is declared an approved

township in terms of section64.

64 Proclamation of approved township.

Upon compliance with sections59, 60, 61 and 62the approval of the Municipality is confirmed and cannot lapse and

the Municipality or the applicant, if authorised in writing by the Municipality, must, by notice in the Provincial Gazette,

declare the township an approved township and it must, in an annexure to such notice, set out the conditions on which the

township is declared an approved township.

65 Prohibition of certain contracts and options

(1) After an owner of land has taken steps to establish a township on his or her land, no person is permitted to -

(a) enter into any contract for the sale, exchange or alienation or disposal in any other manner of an erf in

that township;

(b) grant an option to purchase or otherwise acquire an erf in that township,

until such time as the township is declared an approved township, provided that the provisions of this subsectionmust not

be construed as prohibiting any person from purchasing land on which he or she wishes to establish a township subject to

a condition that upon the declaration of the township as an approved township, one or more of the erven therein will be

transferred to the purchaser.

(2) Any contract entered into in conflict with the provisions of subsection (1) shall be of no force and effect.

(3) For the purposes of subsection (1) -

(a) “steps” includes steps preceding an application; and

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(b) “any contract” includes a contract which is subject to any condition, including a suspensive condition.

Part C: Rezoning of land

66 Application for amendment of aland use scheme by rezoning of land

(1) An applicant, who wishes to rezone land, must apply to the Municipality for the rezoning of the land in the

manner provided for in Chapter 6.

(2) A rezoning approval lapses after a period of five years, or a shorter period as the Municipality may determine,

from the date of approval or the date that the approval comes into operation if, within that five year period or shorter

period—

(a) the conditions of approval contemplated in section 54 have not been met; and

(b) the development charges referred to in Chapter 7 have not been paid or paid in  the agreed

instalments.

(3) An applicant may, prior to the lapsing of an approval, apply for an extension of the period contemplated in

subsection(2).

(4) If the Municipality grants approval for a period shorter than five years as contemplated in subsection (2), it

may grant an extension to that period which period together with any extension that the Municipality grants, may not

exceed 5years.

(5) Upon compliance with subsection 2(a) and (b), the approval of the rezoning is confirmed and cannot lapse

and the Municipality or the applicant, if authorised in writing by the Municipality, must cause notice to be published in the

Provincial Gazette of the amendment of the land use scheme and it comes into operation on the date of publication of the

notice.

(6) If a rezoning approval lapses, the zoning applicable to the land prior to the approval of the rezoning applies, or

where no zoning existed prior to the approval of the rezoning, the Municipality must determine a zoning as contemplated

in section 187.

Part D: Removal, Amendment or Suspension of a Restrictive or Obsolete Condition, Servitude or Reservation

Registered Against the Title of the Land

67 Requirements for amendment, suspension or removal of restrictive conditions or obsolete condition,

servitude or reservation registered against the title of the land

(1) The Municipality may, of its own accord or on application by notice in the Provincial Gazetteamend, suspend

or remove, either permanently or for a period specified in the notice and either unconditionally or subject to any condition

so specified, any restrictive condition.

(2) An applicant who wishes to have a restrictive condition amended, suspended or removed must apply to the

municipality for the amendment, suspension or removal of the restrictive condition in the manner provided for in Chapter 6.

(3) The Municipality must, in accordance with section 97, cause a notice of its intention to consider an application

under subsection (1) to be served on―

(a) all organs of state that may have an interest in the title deed restriction;

(b) every holder of a bond encumbering the land;

(c) a person whose rights or legitimate expectations will be materially and adversely affected by the

approval of the application; and

(d) all persons mentioned in the title deed for whose benefit the restrictive condition applies.

(4) When the Municipality considers the removal, suspension or amendment of a restrictive condition, the

Municipality must have regard to the following:

(a) the financial or other value of the rights in terms of the restrictive condition enjoyed by a person or

entity, irrespective of whether these rights are personal or vest in the person as the owner of a

dominant tenement;

(b) the personal benefits which accrue to the holder of rights in terms of the restrictive condition;

(c) the personal benefits which will accrue to the person seeking the removal of the restrictive condition, if

it is removed;

(d) the social benefit of the restrictive condition remaining in place in its existing form;

(e) the social benefit of the removal or amendment of the restrictive condition; and

(f) whether the removal, suspension or amendment of the restrictive condition will completely remove all

rights enjoyed by the beneficiary or only some of those rights.

68 Endorsements in connection with amendment, suspension or removal of restrictive conditions

(1) The applicant must, after the amendment, suspension or removal of a restrictive condition by notice in the

Provincial Gazetteas contemplated in section 67(1), submit the following to the Registrar of Deeds:

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(a) a copy of the original title deed;

(b) a copy of the original letter of approval; and

(c) a copy of the notification of the approval.

(2) The Registrar of Deeds and the Surveyor-General must, after the amendment, suspension or removal of a

restrictive condition by notice in the Provincial Gazette, as contemplated in section67(1), make the appropriate entries in

and endorsements on any relevant register, title deed, diagram or plan in their respective offices or submitted to them, as

may be necessary to reflect the effect of the amendment, suspension or removal of the restrictive condition.

Part E: Amendment or Cancellation in Whole or in Part of a General Plan of a Township

69 Notification of Surveyor General

(1) After the Municipality has approved or refused an application for the alteration, amendment or cancellation of

a general plan, the Municipality must forthwith notify the Surveyor-General in writing of the decision and, where the

application has been approved, state any conditions imposed.

(2) An applicant who has been notified that his or her application has been approved must, within a period of 12

months from the date of the notice, lodge with the Surveyor-General such plans, diagrams or other documents as the

Surveyor-General may deem necessary to effect the alteration, amendment or cancellation of the general plan, and if he

or she fails to do so the application lapses.

(3) Where the applicant fails, within a reasonable time after he or she has lodged the plans, diagrams or other

documents contemplated in subsection (2), to comply with any requirement the Surveyor-General may lawfully lay down,

the Surveyor-General must notify the Municipality accordingly, and where the Municipality is satisfied, after hearing the

applicant, that the applicant has failed to comply with any such requirement without sound reason, the Municipality must

notify the applicant, and thereupon the application lapses.

(4) After the Surveyor-General has, in terms of section 30(2) of the Land Survey Act, 1997, altered or amended

the general plan or has totally or partially cancelled it, he or she must notify the Municipality.

(5) On receipt of the notice contemplated in subsection (4) the Municipality must publish a notice in the Provincial

Gazette declaring that the general plan has been altered, amended or totally or partially cancelled and the Municipality

must, in a schedule to the latter notice, set out the conditions imposed or the amendment or deletion of any condition,

where applicable.

(6) The Municipality must provide the Registrar of Deeds with a copy of the notice in the Provincial Gazette and

schedule thereto contemplated in subsection (5).

70 Effect of amendment or cancellation of general plan

Upon the total or partial cancellation of the general plan of a township -(a) the township or part thereof ceases to exist as a township; and

(b) the ownership of any public place or street re-vests in the township owner.

Part F: Subdivision and Consolidation

71 Application for subdivision

(1) No person may subdivide land without the approval of the Municipality, unless the subdivision is exempted

under section75.

(2) An applicant who wishes to subdivide land must apply to the Municipality for the subdivision of land in the

manner provided for in Chapter 6.

(3) The Municipality must impose appropriate conditions relating to engineering services for an approval of a

subdivision.

(4) If a Municipality approves a subdivision, the applicant must submit a general plan or diagram to the SurveyorGeneral for approval, including proof to the satisfaction of the Surveyor-General of—

(a) the Municipality’s decision to approve the subdivision;

(b) the conditions of approval contemplated in subsection (3) and section54; and

(c) the approved subdivision plan.

(5) If the Municipality approves an application for a subdivision, the applicant must within a period of five years or

the shorter period as the Municipality may determine, from the date of approval of the subdivision or the date that the

approval comes into operation, comply with the following requirements:

(a) the approval by the Surveyor-General of the general plan or diagram contemplated in subsection (4);

(b) sign anengineering services agreement contemplated in section 124;

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(c) submit proof to the satisfaction of the Municipality that all relevant conditions contemplated in

section54 for the approved subdivision in respect of the area shown on the general plan or diagram

and that must be complied with before compliance with paragraph (d) have been met; and

(d) registration of the transfer of ownership in terms of the Deeds Registries Act of the land unit shown on

the diagram.

(6) A confirmation from the Municipality in terms of section 72(3) that all conditions of approval contemplated in

section 54 have been met, which is issued in error, does not absolve the applicant from complying with the obligations

imposed in terms of the conditions or otherwise complying with the conditions after confirmation of the subdivision.

72 Confirmation of subdivision

(1) Upon compliance with section 71(5), the subdivision or part thereof is confirmed and cannot lapse.

(2) Upon confirmation of a subdivision or part thereof, the zonings indicated on the approved subdivision plan as

confirmed cannot lapse.

(3) The Municipality must in writing confirm to the applicant or to any other person at his or her written request

that a subdivision or a part of a subdivision is confirmed, if the applicant has to the satisfaction of the Municipality

submitted proof of compliance with the requirements of section71(5) for the subdivision or part thereof.

(4) No building or structure may be constructed on a land unit forming part of an approved subdivision unless the

subdivision is confirmed or the Municipality approved the construction prior to the subdivision being confirmed.

73 Lapsing of subdivision and extension of validity periods

(1) An approved subdivision or a portion thereof lapses if the applicant does not comply with section71(5).

(2) An applicant may, prior to the lapsing of an approval, apply for an extension of the period referred to in section

71(5) in accordance with the provisions of section 113.

(3) If the Municipality grants approval for a period shorter than five years as contemplated in section 69(5), it may

grant an extension to that period which period together with any extension that the Municipality grants, may not exceed

5years.

(4) If, after the expiry of the extended period the requirements of section 71(5) have not been complied with, the

subdivision may lapse and subsection (6) applies.

(5) If only a portion of the general plan, contemplated in section 71(5)(a) complies with section71(5)(b) and (c), the

general plan must be withdrawn and a new general plan must be submitted to the Surveyor-General.

(6) If an approval of a subdivision or part thereof lapses under subsection (1) —

(a) the Municipality must—

(i)   amend the zoning map and, where applicable, the register accordingly; and

(ii) notify the Surveyor-General accordingly; and

(b) the Surveyor-General must endorse the records of the Surveyor-General’s office to reflect the

notification that the subdivision has lapsed.

74 Amendment or cancellation of subdivision plan

(1) The Municipality may approve the amendment or cancellation of a subdivision plan, including conditions of

approval contemplated in section 54, the general plan or diagram, in relation to land units shown on the general plan or

diagram of which no transfer has been registered in terms of the Deeds Registries Act.

(2) When the Municipality approves an application in terms of subsection (1), any public place that is no longer

required by virtue of the approval must be closed.

(3) The Municipality must notify the Surveyor-General of an approval in terms of subsection (1), and the

Surveyor-General must endorse the records of the Surveyor-General’s office to reflect the amendment or cancellation of

the subdivision.

(4) An approval of a subdivision in respect of which an amendment or cancellation is approved in terms of

subsection (1), remains valid for the remainder of the period contemplated in section71(5) applicable to the initial approval

of the subdivision, calculated from the date of approval of the amendment or cancellation in terms of subsection (1).

75 Exemption of subdivisions and consolidations

(1) The subdivision or consolidation of land in the following circumstances does not require the approval of the

Municipality:

(a) if the subdivision or consolidation arises from the implementation of a court ruling;

(b) if the subdivision or consolidation arises from an expropriation; 

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(c) a minor amendment of the common boundary between two or more land units if the resulting change

in area of any of the land units is not more than 10 per cent;

(d) the registration of a servitude or lease agreement for the provision or installation of—

(i) water pipelines, electricity transmission lines, sewer pipelines, gas pipelines or oil and

petroleum product pipelines by or on behalf of an organ of state or service provider;

(ii) telecommunication lines by or on behalf of a licensed telecommunications operator;

(iii) the imposition of height restrictions;

(e) the exclusive utilisation of land for agricultural purposes, if the utilisation—

(i) requires approval in terms of legislation regulating the subdivision of agricultural land; and

(ii) does not lead to urban expansion.

(f) the subdivision and consolidation of a closed public place with an abutting erf; and

(g) the granting of a right of habitation or usufruct;

(h) the subdivision of land for the purpose of the construction or alteration of roads or any other matter

related thereto;

(i) the subdivision of land in order to transfer ownership to a municipality or other organ of state;

(j) the subdivision of land in order to transfer ownership from a municipality or other organ of state,

excluding a subdivision for the purposes of alienation for development;

(k) the subdivision of land where the national or provincial government may require a survey, whether or

not the national or provincial government is the land-owner; and

(l) the subdivision of land in existing housing schemes in order to make private property ownership

possible.

(2) The Municipality must, in each case, certify in writing that the subdivision has been exempted from the provisions

of this Chapter and impose any condition it may deem necessary.

(3) The Municipality must indicate on the plan of subdivision that the subdivision has been exempted from the

provisions of sections71 to 74.

76 Services arising from subdivision

Subsequent to the granting of an application for subdivision in terms of this By-law the owner of any land unit

originating from the subdivision must―

(a) allow without compensation that the following be conveyed across his or her land unit in respect of

other land units:

(i) gas mains;

(ii) electricity cables;

(iii) telephone cables;

(iv) television cables;

(v) other electronic infrastructure;

(vi) main and other water pipes;

(vii) sewer lines;

(viii) storm water pipes; and

(ix) ditches and channels;

(b) allow the following on his or her land unit if considered necessary and in the manner and position as

may be reasonably required by the Municipality:

(i)   surface installations such as mini–substations;

(ii) meter kiosks; and

(iii) service pillars;

(c) allow access to the land unit at any reasonable time for the purpose of constructing, altering, removing

or inspecting any works referred to in paragraphs (a) and (b); and

(d) receive material or permit excavation on the land unit as may be required to allow use of the full width

of an abutting street and provide a safe and proper slope to its bank necessitated by differences

between the level of the street as finally constructed and the level of the land unit, unless he or she

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elects to build retaining walls to the satisfaction of and within a period to be determined by the

Municipality.

77 Consolidation of land units

(1) No person may consolidate land without the approval of the Municipality, unless the consolidation is

exempted under section75.

(2) A copy of the approval must accompany the diagram which is submitted to the Surveyor-General’s office.

(3) If the Municipality approves a consolidation, the applicant must submit a diagram to the Surveyor-General for

approval, including proof to the satisfaction of the Surveyor-General of—

(a) the decision to approve the subdivision;

(b) the conditions of approval contemplated in section54; and

(c) the approved consolidation plan.

(4) If the Municipality approves a consolidation, the Municipality must amend the zoning map and, where

applicable, the register accordingly.

78 Lapsing of consolidation and extension of validity periods

(1) If a consolidation of land units is approved but no consequent registration by the Registrar of Deeds takes

place within five years of the approval, the consolidation approval lapses, unless the consolidation of land units form part

of an application which has been approved for a longer period.

(2) An applicant may apply for an extension of the period to comply with subsection (1) and the granting of an

extension may not be unreasonably withheld.

(3) An extension contemplated in subsection (2) may be granted for a further period not exceeding five years and

if after the expiry of the extended period the requirements of subsection (1) have not been complied with, the consolidation

lapses and subsection (5) applies.

(4)   If the Municipality may grant extensions to the period contemplated in subsection (2), which period together

with any extensions that the Municipality grants, may not exceed 10 years.

(5) If an approval of a consolidation lapses under subsection (1) the Municipality must—

(a) amend the zoning map and, where applicable, the register accordingly; and

(b) notify the Surveyor-General accordingly; and

(c) the  Surveyor-General must endorse the records of the Surveyor-General’s office to reflect the

notification that the subdivision has lapsed.

Part G: Permanent Closure of Public Place

79 Closure of public place

(1) The Municipality may on own initiative or on application close a public place or any portion thereof in

accordance with the procedures in Chapter 6.

(2) An applicant who wishes to have a public place closed or a portion of a public place closed must apply to the

municipality for the closure of the public place or portion thereof in the manner provided for in Chapter 6.

(3) The ownership of the land comprised in any public place or portion thereof that is closed in terms of this

section continues to vest in the Municipality unless the Municipality determines otherwise.

(4) The municipal manager may, without complying with the provisions of this Chapter temporarily close a public

place—

(a) for the purpose of or pending the construction, reconstruction, maintenance or repair of the public

place;

(b) for the purpose of or pending the construction, erection, laying, extension, maintenance, repair or

demolition of any building, structure, works or service alongside, on, across, through, over or under the

public place;

(c) if the street or place is, in the opinion of the municipal manager, in a state dangerous to the public;

(d) by reason of any emergency or public event which, in the opinion of the municipal manager, requires

special measures for the control of traffic or special provision for the accommodation of crowds, or

(e) for any other reason which, in the opinion of the municipal manager, renders the temporary closing of

the public place necessary or desirable.

(5) The Municipality must notify the Surveyor-General of an approval in terms of subsection (1), and the

Surveyor-General must endorse the records of the Surveyor-General’s office to reflect the closure of the public place.

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Part H: Consent Use

80 Application for consent use

(1) An applicant may apply to the Municipality for a consent use provided for in the land use scheme in the

manner provided for in Chapter 6.

(2) Where the development parameters for the consent use that is being applied for are not defined in an

applicable land use scheme, the Municipality must determine the development parameters that apply to the consent use

as conditions of approval contemplated in section54.

(3) A consent use may be granted permanently or for a specified period of time in terms of conditions of approval

contemplated in section54.

(4) A consent use granted for a specified period of time contemplated in subsection (3) must not have the effect

of preventing the property from being utilised in the future for the primary uses permitted in terms of the zoning of the land.

(5) A consent use contemplated in subsection (1) lapses after a period of five years or the shorter period as the

Municipality may determine from the date that the approval comes into operation if, within that five year period or shorter

period -(a) the consent use is not utilised in accordance with the approval thereof; or

(b) the following requirements are not met:

(i) the approval by the Municipality of a building plan envisaged for the utilisation of the approved

use right; and

(ii) commencement with the construction of the building contemplated in subparagraph (i).

(6) The Municipality may grant extensions to the period contemplated in subsection (5) and the granting of an

extension may not be unreasonably withheld by the Municipality. , which period together with any extensions that the

Municipality grants, may not exceed 10 years.

Part I: Land Use on Communal Land

81 Application for development on or change to land use purpose of communal land

(1) An applicant who wishes to develop on or change the land use purpose of communal land located in the area

of a traditional council where such development will have a high impact on the community or such change requires

approval in terms of the land use scheme applicable to such area, must apply to the Municipality in the manner provided

for in Chapter 6.

(2) No application pertaining to land development on or change the land use purpose ofcommunal land may be

submitted unless accompanied by power of attorney signed by the applicable traditional council.

(3) For the purpose of this section, a “high impact” development includes any of the following:

(a) cemetery;

(b) crematorium and funeral parlour;

(c) factory;

(d) filling station and public garage;

(e) industry and light industry;

(f) manufacturing, micro-manufacturing, retail selling and distribution as contemplated in the Liquor Act,

2003 (Act No. 59 of 2003);

(g) mining;

(h) noxious use;

(i) panelbeating;

(j) scrapyard.

(4) The Municipality must define each of the high impact activities contemplated in subsection (3) in its land use

scheme.

Part J: Departure from provisions of Land Use Scheme

82 Application for permanent or temporary departure

(1) An application for a permanent departure from the provisions of the land use scheme is an application that will

result in the permanent amendment of the land use scheme provisions applicable to land, and includes:

(a) The relaxation of development parameters such as building line, height, coverage or number of storeys;

and

(b) the departure from any other provisions of a land use scheme that will result in the physical

development or construction of a permanent nature on land.

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(2) An application for a temporary departure from the provisions of the land use scheme is an application that

does not result in an amendment of the land use scheme provisions applicable to land, and includes:

(a) prospecting rights granted in terms of the Mineral and Petroleum Resources Development Act, 2002;

(b) the erection and use of temporary buildings, or the use of existing buildings for site offices, storage

rooms, workshops or such other uses as may be necessary during the erection of any permanent

building or structure on the land;

(c) the occasional use of land or buildings for public religious exercises, place of instruction, institution,

place of amusement or social hall;

(d) the use of land or the erection of buildings necessary for the purpose of informal retail trade;

(e) any other application to utilise land on a temporary basis for a purpose for which no provision is made

in the land use scheme in respect of a particular zone .

(3) An applicant may apply for a departure in the manner provided for in Chapter 6.

(4) The Municipality may grant approval for a departure

(a) contemplatedin subsection (2)(a) for the period of validity of the prospecting license after which period

the approval lapses; and

(b) contemplated in subsection (2)(b) for the period requested in the application or the period determined by

the Municipality after which period the approval lapses.

(5) The Municipality may grant extensions to the period that it determines in terms of subsection (4)(b), which

period together with any extensions that the Municipality grants, may not exceed 5 yearsand the granting of the extension

may not be unreasonably withheld by the Municipality.

(6) A temporary departure contemplated in subsection(2) may not be granted more than once in respect of a

particular use on a specific land unit.

(7) A temporary departure contemplated in subsection (2)(b) may not include the improvement of land that is not

temporary in nature and which has the effect that the land cannot, without further construction or demolition, revert to its

previous lawful use upon the expiry of the period contemplated in subsection (1)(b).

Part K: General Matters

83 Ownership of public places and land required for municipal engineering services and social facilities

(1) The ownership of land that is earmarked for a public place as shown on an approved subdivision plan vest in

the Municipality upon confirmation of the subdivision or a part thereof.

(2) The Municipality may in terms of conditions imposed in terms of section54 determine that land designated for

the provision of engineering services, public facilities or social infrastructure on an approved subdivision plan, be

transferred to the Municipality upon confirmation of the subdivision or a part thereof.

84 Restriction of transfer and registration

(1) Notwithstanding the provisions contained in this By-law or any conditions imposed in the approval of any

application, the owner must, at his or her cost and to the satisfaction of the Municipality, survey and register all servitudes

required to protect the engineering services provided, constructed and installed as contemplated in Chapter 7.

(2) No Erf/Erven and/or units in a land development area, may be alienated or transferred into the name of a

purchaser nor must a Certificate of Registered Title be registered in the name of the owner, prior to the Municipality

certifying to the Registrar of Deeds that:

(a)   All engineering services have been designed and constructed to the satisfaction of the Municipality,

including guarantees for services having been provided to the satisfaction of the Municipality as may

be required; and

(b) all engineering services and development charges have been paid or an agreement has been entered

into to pay the development charges in monthly instalments; and

(c) all engineering services have been or will be protected to the satisfaction of the Municipality by means

of servitudes; and

(d)   all conditions of the approval of the application have been complied with or that arrangements have

been made to the satisfaction of the Municipality for the compliance there of within 3 months of having

certified to the Registrar in terms of this section that registration may take place; and

(e) that the Municipality is in a position to consider a final building plan; and

(f) that all the properties have either been transferred or must be transferred simultaneously with the first

transfer or registration of a newly created property or sectional title scheme.

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85 First transfer

Where an owner of land to which an application relates is required to transfer land to:

(a) the Municipality; or

(b) an owners’ association,

by virtue of a condition set out in the conditions to the approval contemplated in section 54, the land must be so

transferred at the expense of the applicant, within a period of 6 months from the date of the land use rights coming into

operation in terms of section54, or within such further period as the Municipality may allow, but in any event prior to any

registration or transfer of any erf, portion, opening of a sectional title scheme or unit within the development.

86 Certification by Municipality

(1) A person may not apply to the Registrar of Deeds to register the transfer of a land unit, unless the Municipality

has issued a certificate in terms of this section.

(2) The Municipality must not issue a certificate to transfer a land unit in terms of any law, or in terms of this Bylaw, unless the owner furnishes the Municipality with―

(a) a certificate of a conveyancer confirming that funds due by the transferor in respect of land, have been

paid;

(b) proof of payment of any contravention penalty or proof of compliance with a directive contemplated in

Chapter 9;

(c)   proof that the land use and buildings constructed on the land unit comply with the requirements of the

land use scheme;

(d) proof that all common property including private roads and private places originating from the

subdivision, has been transferredto the owners’ association as contemplated in Schedule 5; and

(e) proof that the conditions of approval that must be complied with before the transfer of erven have been

complied with.

87 Application affecting national and provincial interest

(1) In terms of section 52 of the Act an applicant must refer any application which affects national interest to the

Minister for comment, which comment is to be provided within 21 days as prescribed in section 52(5) of the Act.

(2) Where any application in terms of this By-law, which in the opinion of the Municipal Manager affects national

interest as defined in section 52 of the Act, is submitted, such application must be referred to the Minister and the

provisions of sections 52(5) to (7) of the Act, apply with the necessary changes.

(3) The Municipal Planning Tribunal or Land Development Officer as the case may be, may direct that an

application before it, be referred to the Minister if such an application in their opinion affects national interest and the

provisions of sections 52(5) to (7) apply with the necessary changes.

(4) The Municipality is the decision maker of first instanceas contemplated in section 33(1) of the Act and the

national department responsible for spatial planning and land use management becomesa party to the application that

affects national interest.

(5) If provincial legislation makes provision for applications which may affect provincial interest, the provisions of

this section apply with the necessary changes unless the provincial legislation provides for other procedures.

CHAPTER 6

GENERAL APPLICATION PROCEDURES

88 Applicability of Chapter

This Chapter applies to all types of applications contemplated in section 57 submitted to the Municipality.

89 Procedures for making application

(1) The Municipal Manager may determine in relation to any application required in terms of this By-Law –

(a) information specifications relating to matters such as size, scale, colour, hard copy, number of copies,

electronic format and file format;

(b) the manner of submission of an application;

(c) any other procedural requirements not provided for in this By-Law in accordance with the guidelines

determined by the Municipality in accordance with subsection (2) , if the Municipality has determined

guidelines.

(2) A determination contemplated in subsection (1) may –

(a) relate to the whole application or any part of it; and

(b) differentiate between types of application, categories of application or categories of applicant.

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(3) An applicant must comply with the procedures in this Chapter and, where applicable, the specific procedures

provided for in Chapter 5or the relevant section ofthis By-law and the determination made by the Municipal Manager.

90 Information required

(1) Any application required in terms of this By-Law must be completed on a form approved by the Council,

signed by the applicant and submitted to the Municipality.

(2) Any application referred to in subsection (1) must be accompanied by -(a)  if the applicant is not the owner of the land, a power of attorney signed by the owner authorising the

applicant to make the application on behalf of the owner and if the owner is married in community of

property a power of attorney signed by both spouses;

(b) if the owner of the land is a company, closed corporation, body corporate or owners’ association,

proof that the person is authorised to act on behalf of the company, closed corporation, body corporate

or owners’ association;

(c) if the owner of the land is a trust, the application must be signed by all the trustees;

(d) a written motivation for the application based on the criteria for consideration of the application;

(e) proof of payment of application fees; and

(f) in the case of an application for development on communal land referred to in section81, community

approval granted as a result of a community participation process conducted in terms of Customary

Law.

(3) In addition to the documents referred to in subsection (2), an application referred to in subsection (1) must be

accompanied by the following documents:

(a) in the case of an application for the establishment of a township or the extension of the boundaries of a

township, the documents contemplated in Schedule 6;

(b) in the case of an application for the amendment of an existing scheme or land use scheme by the

rezoning of land, the documents contemplated in Schedule 7;

(c) in the case of an application for the removal, amendment or suspension of a restrictive or obsolete

condition, servitude or reservation registered against the title of the land, the documents contemplated

in Schedule 8;

(d) in the case of an application of the amendment or cancellation in whole or in part of a general plan of a

township, such plans, diagrammes and other documents contemplated in Schedule 9;

(e) in the case of an application for the subdivision of any land, the documents contemplated in Schedule

10;

(f) in the case of an application for the consolidation of any land,  the documents contemplated in

Schedule 11;

(g) in the case of the permanent closure of any public place, the documents contemplated in Schedule 12;

(h) in the case of an application for consent or approval required in terms of a condition of title, a condition

of establishment of a township or condition of an existing scheme or land use scheme, the documents

contemplated in Schedule 13;

(i) in the case of an application for the permanent or temporary departure from the land use scheme, the

documents contemplated in Schedule 14.

(4) The Municipality may make a determination or issue guidelines relating to the submission of additional

information and procedural requirements.

91 Application fees

(1) An applicant must pay the application fees approved by the Council prior to submitting an application in terms

of this By-law.

(2) Application fees that are paid to the Municipality are non-refundable and proof of payment of the application

fees must accompany the application.

92 Grounds for refusing to accept application

The Municipality may refuse to accept an application if—

(a) the municipality has already decided on the application;

(b) there is no proof of payment of fees;

(c) the application is not in the form required by the Municipality or does not contain the documents

required for the submission of an application as set out in section90.

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93 Receipt of application and request for further documents

The Municipality must—

(a) record the receipt of an application in writing or by affixing a stamp on the application on the day of

receipt and issue proof of receipt to the applicant;

(b) notify the applicant in writing of any outstanding or additional plans, documents, other information or

additional fees that it may require within 30 days of receipt of the application or the further period as

may be agreed upon, failing which it is regarded that there is no outstanding information or documents;

and

(c) if the application is complete, notify the applicant in writing that the application is complete within 30

days of receipt of the application.

94 Additional information

(1) The applicant must provide the Municipality with the information or documentation required for the completion

of the application within 30 days of the request therefor or within the further period agreed to between the applicant and

the Municipality.

(2) The Municipality may refuse to consider the application if the applicant fails to provide the information within

the timeframes contemplated in subsection (1).

(3) The Municipality must notify the applicant in writing of the refusal to consider the application and must close

the application.

(4) An applicant has no right of appeal to the appeal authority in respect of a decision contemplated in subsection

(3) to refuse to consider the application.

(5) If an applicant wishes to continue with an application that the Municipality refused to consider under

subsection (3), the applicant must submit a new application and pay the applicable application fees.

95 Confirmation of complete application

(1) The Municipality must notify the applicant in writing that the application is complete and that the notices may

be placed as contemplated in this Chapter, within 21 days of receipt of the additional plans, documents or information

required by it or if further information is required as a result of the furnishing of the additional information.

(2) The date of the notification that an application is complete is regarded as the date of submission of the

application.

(3) If further information is required, section94 applies to the further submission of information that may be

required.

96 Withdrawal of application

(1) An applicant may, at any time prior to a decision being taken, withdraw an application on written notice to the

Municipality.

(2) The owner of land must in writing inform the Municipality if he or she has withdrawn the power of attorney that

authorised another person to make an application on his or her behalf.

97 Notice of applications in terms of integrated procedures

(1) The Municipality may, on prior written request and motivation by an applicant, determine that—

(a) a public notice procedure carried out in terms of another law in respect of the application constitutes

public notice for the purpose of an application made in terms of this By-law; or

(b) notice of an application made in terms of this By-law may be published in accordance with the

requirements for public notice applicable to a related application in terms other legislation.

(2) If a Municipality determines that an application may be published as contemplated in subsection (1)(b) an

agreement must be entered into by the Municipality and the relevant organs of state to facilitate the simultaneous

publication of notices.

(3) The Municipality must, within 30 days of having notified the applicant that the application is complete,

simultaneously—

(a) cause public notice of the application to be given in terms of section98(1); and

(b) forward a copy of the notice together with the relevant application to every municipal department,

service provider and organ of state that has an interest in the application,

unless it has been determined by the Municipality that a procedure in terms of another law, as determined in

subsection (1), is considered to be public notice in terms of this By-law.

(4)   The Municipality may require the applicant to give the required notice of an application in the media.

(5) Where an applicant has published a notice in the media at the request of a Municipality, the applicant must

provide proof that the notice has been published as required.

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98 Notification of application in media

(1)   The Municipality must cause notice to be given in the media, in accordance with this By-law, of the following

applications:

(a) an application for township establishment;

(b) an application for a rezoning or a rezoning on the initiative of the Municipality;

(c) the subdivision of land larger than five hectares inside the outer limit of urban expansion as reflected in

its municipal spatial development framework;

(d) the subdivision of land larger than one hectare outside the outer limit of urban expansion as reflected

in its municipal spatial development framework;

(e) if the Municipality has no approved municipal spatial development framework, the subdivision of land

larger than five hectares inside the urban edge, including existing urban land use approvals, of the

existing urban area;

(f) if the Municipality has no approved municipal spatial development framework, the subdivision of land

larger than one hectare outside the urban edge, including existing urban land use approvals, of the

existing urban area;

(g) the closure of a public place;

(h) an application in respect of a restrictive condition;

(i) other applications that will materially affect the public interest or the interests of the community if

approved.

(2) Notice of the application in the media must be given by—

(a) publishing a notice of the application, in a newspaper with a general circulation in the municipal area in

at least two of the official languages determined by the Council, having regard to language preferences

and usage within its municipal area, as contemplated in section 21 of the Municipal Systems Act; or

(b) if there is no newspaper with a general circulation in the area, posting a copy of the notice of

application, for at least the duration of the notice period, on the land concerned and on any other

notice board as may be determined by the Municipality.

99 Serving of notices

(1) Notice of an application contemplated in section98(1) and subsection (2) -

(a) is considered as having been served when:

(i) it has been delivered to the relevant person personally;

(ii) it has been left at the relevant person’s place of residence or business in the Republic with a

person apparently over the age of sixteen years; 

 

(iii) when it has been posted by registered or certified mail to the relevant person’s last known

residential or business address in the Republic and an acknowledgement of the posting thereof

from the postal service is obtained;

(iv) if the relevant person’s address in the Republic is unknown, when it has been served on that

person’s agent or representative in the Republic in the manner provided by paragraphs (i), (ii)

or (iii); or

(v) if the relevant person’s address and agent or representative in the Republic is unknown, when it

has been posted in a conspicuous place on the property or premises, if any, to which it relates.              

 

(b) must be in at least two of the official languages determined by the Council, having regard to language

preferences and usage within its municipal area, as contemplated in section 21A of the Municipal

Systems Act;

(c) must be served on each owner of an abutting property, including a property separated from the

property concerned by a road;

(d) must be served on any person who, in the opinion of the Municipality, has an interest in the matter or

whose rights may be affected by the approval of the application.

(2) The Municipality may require the serving of a notice as contemplated in this section for any other application

made in terms of this By-law.

(3) The Municipality may require notice of its intention to consider all other applications not listed in subsection (2)

to be given in terms of section98.

(4) The Municipality may require the applicant to attend to the serving of a notice of an application contemplated

in subsection (1).

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(5) Where an applicant has served a notice at the request of a Municipality, the applicant must provide proof that

the notice has been served as required.

100 Contents of notice

When notice of an application must be given in terms of section98 or served in terms of section99, the notice must

contain the following information:

(a) thename, identity number, physical address and contact details of the applicant;

(b) identify the land or land unit to which the application relates by giving the property description (erf

number) and the physical address (street name and number);

(c)   state the intent and purpose of the application;

(d) state that a copy of the application and supporting documentation will be available for viewing during

the hours and at the place mentioned in the notice;

(e) state the contact details of the relevant municipal employee;

(f)   invite members of the public to submit written comments or objections together with the reasons

therefor in respect of the application;

(g)   state in which manner comments or objections may be submitted;

(h) state the date by when the comments or objections must be submitted which must not be less than 30

days from the date on which the notice was given;

(i)   state that any person who cannot write may during office hours attend at an address stated in the

notice where a named staff member of the Municipality will assist that person to transcribe that

person’s objections or comments.

101 On-site notice

(1) The Municipality must cause additional notice to be given in accordance with this section if it considers

notice in accordance with sections 98 or 99 to be ineffective or in the event of the following applications:

(a) an application for township development;

(b) an application for the extension         

  of        

  the      

  boundaries       

  of        

  an        

  approved          

  township;

(c) an application for rezoning;

(d) an application for subdivision;

(e) an application for consolidation.

(2) An on-site notice must be displayed and the notice must be of a size of at least 60 cm by 42 cm (A2 size) on

the frontage of the erf concerned or at any other conspicuous and easily accessible place on the erf, provided that—

(a) the notice must be displayed for a minimum of 21 days during the period that the public may comment

on the application;

(b)   the applicant must, within 21 days from the last day of display of the notice, submit to the

Municipality—

(i)   a sworn affidavit confirming the maintenance of the notice for the prescribed period; and

(ii)   at least two photos of the notice, one from nearby and one from across the street.

102 Additional methods of public notice

If the Municipality considers notice in accordance with sections98, 99or 101to be ineffective or the Municipality

decides to give notice of any application in terms of this By-law, the Municipality may on its own initiative or on request

require an applicant to follow one or more of the following methods to give additional public notice of an application:

(a)   to convene a meeting for the purpose of informing the affected members of the public of the

application;

(b)   to broadcast information regarding the application on a local radio station in a specified language;

(c) to hold an open day or public meeting to notify and inform the affected members of the public of the

application;

(d)   to publish the application on the Municipality’s website for the duration of the period that the public may

comment on the application; or

(e)   to obtain letters of consent or objection to the application.

(2) Where an applicant has given additional public notice of an application on behalf of a Municipality, the

applicant must provide proof that the additional public notice has been given as required.

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(3) Where the Municipality requires an applicant to display a public notice as contemplated in paragraph (a), the

Municipality must conduct an on-site inspection to verify whether the applicant has complied with the requirement to

display that public notice.

103 Requirements for petitions

(1) All petitions mustclearly state—

(a)   the contact details of the authorised representative of the signatories of the petition;

(b) the full name and physical address of each signatory; and

(c) the objection and reasons for the objection.

(2) Notice to the person contemplated in subsection (1)(a), constitutes notice to all the signatories to the petition.

104 Requirements for objections or comments

(1) A person may, in response to a notice received in terms of sections98, 99 or 101, object or comment in

accordance with this section.

(2) Any objection, comment or representation received as a result of a public notice process must be in writing

and addressed to the municipal employee mentioned in the notice within the time period stated in the notice and in the

manner set out in this section.

(3) The objection must state the following:

(a)   the name of the person or body concerned;

(b)   the address or contact details at which the person or body concerned will accept notice or service of

documents;

(c)   the interest of the body or person in the application;

(d)   the reason for the objection, comment or representation.

(4) The reasons for any objection, comment or representation must be set out in sufficient detail in order to—

(a) indicate the facts and circumstances which explains the objection, comment or representation;

(b) demonstrate the undesirable effect which the application will have on the area;

(c) demonstrate any aspect of the application which is not considered consistent with applicable policy.

(5)   The Municipality mustnot accept any objection, comment or representation received after the closing date.

105 Requirements for intervener status

(1) Where an application has been submitted to the Municipality, an interested person referred to in section

45(2) of the Act may, at any time during the proceedings,petition the Municipal Planning Tribunal or the Land Development

Officer in writing on the form approved by Council to be granted intervener status.

(2) The petitioner must submit together with the petition to be granted intervener status an affidavit stating that

he or she –

(a) does not collude with any of the parties; and

(b) is willing to deal with or act in regard to the application as the Municipal Planning Tribunal or the

Land Development Officer may direct.

(3) The Municipal Planning Tribunal or the Land Development Officer must determine whether the requirements

of this section have been complied with and must thereafter transmit a copy of the form to the parties of the appeal.

(4) The presiding officer of the Municipal Planning Tribunal or the Land Development Officer must rule on the

admissibility of the petitioner to be granted intervener status and the decision of the presiding officer or the Land

Development Officer is final and must be communicated to the petitioner and the parties.

106 Amendments prior to approval

(1)   An applicant may amend his or her application at any time after notice of the application has been given in

terms of this By-law and prior to the approval thereof -(a) at the applicant’s own initiative;

(b) as a result of objections and comments made during the public notification process; or

(c)   at the request of the Municipality.

(2) If an amendment to an application is material, the Municipality may require that further notice of the

application be given in terms of this By-law and may require that the notice and the application be resent to municipal

departments, organs of state and service providers.

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107 Further public notice

(1) The Municipality may require that fresh notice of an application be given if more than 18 months haselapsed

since the first public notice of the application and if the application has not been considered by the Municipality.

(2) The Municipality may, at any stage during the processing of the application -(a)  require notice of an application to be republished or to be served again; and

(b) an application to be resent to municipal departments for comment,

if new information comes to its attention which is material to the consideration of the application.

108 Cost of notice

The applicant is liable for the costs of giving notice of an application.

109 Applicant’s right to reply

(1)   Copies of all objections or comments lodged with a Municipality must be provided to the applicant within 14

days after the closing date for public comment together with a notice informing the applicant of its rights in terms of this

section.

(2)   The applicant may, within a period of 30 days from the date of the provision of the objections or comments,

submit written reply thereto with the Municipality and must serve a copy thereof on all the parties that have submitted

objections or comments.

(3)   The applicant may before the expiry of the 30 day period referred to in subsection (2), apply to the

Municipality for an extension of the period with a further period of 14 days to lodge a written reply.

(4) If the applicant does not submit comments within the period of 30 days or within an additional period 14 of

days if applied for, the applicant is considered to have no comment.

(5) If as a result of the objections or comments lodged with a Municipality, additional information regarding the

application is required by the Municipality, the information must be supplied within the further period as may be agreed

upon between the applicant and the Municipality.

(6) If the applicant does not provide the information within the timeframes contemplated in subsection (5), section

94(2) to (5) with the necessary changes, applies.

110 Written assessment of application

(1) An employee authorised by the Municipality must in writing assess an application in accordance with

section53 and recommend to the decision-maker whether the application must be approved or refused.

(2) An assessment of an application must include a motivation for the recommendation and, where applicable,

the proposed conditions of approval contemplated in section 54.

111 Decision-making period

(1)   When the power to take a decision is delegated to an authorised employee and no integrated process in

terms of another law is being followed, the authorised employee must decide on the application within the 30 day period

referred to in regulation 16(5) of the Regulations.

(2)   When the power to take a decision is not delegated to an authorised employee and no integrated process in

terms of another law is being followed, the Municipal Planning Tribunal must decide on the application within the period

referred to in regulation 16(5) of the Regulations.

112 Failure to act within time period

If no decision is made by the Municipal Planning Tribunal within the period required in terms of the Act, it is

considered undue delay for purposes of these By-Laws and the applicant or interested person may report the nonperformance of the Municipal Planning Tribunal or Land Development Officer to the municipal manager, who must report it

to the municipal council and mayor.

113 Powers to conduct routine inspections

(1)   An employee authorised by the Municipality may, in accordance with the requirements of this section, enter

land or a   building for the purpose of assessing an application in terms of this By-law and to prepare a report

contemplated in   section110.

(2)   When conducting an inspection, the authorised employee may—

(a) request that any record, document or item be produced to assist in the inspection;

(b)   make copies of, or take extracts from any document produced by virtue of paragraph (a) that is related

to the inspection;

(c)   on providing a receipt, remove a record, document or other item that is related to the inspection; or

(d)   inspect any building or structure and make enquiries regarding that building or structure.

(3)   No person may interfere with an authorised employee who is conducting an inspection as contemplated in

subsection (1). 

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(4)   The authorised employee must, upon request, produce identification showing that he or she is authorised by

the   Municipality to conduct the inspection.

(5)   An inspection under subsection (1) must take place at a reasonable time and after reasonable notice has

been given to   the owner or occupier of the land or building.

114 Determination of application

The Municipality may in respect of any application submitted in terms of this Chapter -(a) approve, in whole or in part, or refuse any application referred to it in accordance with this By-law;

(b) on the approval of any application, impose any reasonable conditions, including conditions related to

the provision of engineering services and the payment of any development charges;

(c) make an appropriate determination regarding all matters necessary or incidental to the performance of

its functions in terms of this By-law and provincial legislation;

(d) conduct any necessary investigation;

(e) give directions relevant to its functions to any person in the service of a Municipality or municipal entity;

(f)   decide any question concerning its own jurisdiction;

(g)   appoint a technical adviser to advise or assist in the performance of the Municipal Planning Tribunal’s

functions in terms of this By-law;

115 Notification of decision

(1) The Municipality must, within 21 days of its decision, in writing notify the applicant and any person whose

rights are   affected by the decision of the decision and their right to appeal if applicable.

(2) If the owner has appointed an agent, the owner must take steps to ensure that the agent notifies him or her of

the   decision of the Municipality.

116 Extension of timeforfulfilment of conditions of approval

(1) If an applicant wishes to request an extension of the time provided for in the approval in order to comply with

the   conditions of approval, this request must be in writing and submitted to the Municipality least 60 days in

advance of   the date on which the approval is due to lapse.

(2) Any request for an extension of time must be accompanied by the reasons for the request.

(3) The Municipality may not unreasonably withhold an approval for the extension of time.

(4) Following receipt of a request for an extension of time, the Municipality must issue a decision in writing to

the   applicant.

117 Duties of agent of applicant

(1)   The agent must ensure that all information furnished to the Municipality is accurate.

(2)   The agent must ensure that no misrepresentations are made.

(3) The provision of inaccurate, false or misleading information is an offence.

118 Errors and omissions

(1) The Municipality may at any time, with the written consent of the applicant or, if applicable, any party to the

application, correct an error in the wording of its decision provided that the correction does not change its decision or

results in an alteration, suspension or deletion of a condition of its approval.

(2)   The Municipality may, of its own accord or on application by an applicant or interested party, upon good cause

being shown, condone an error in the procedure provided that such condonation does not have material adverse impact

on or unreasonably prejudice any party.

119 Withdrawal of approval

(1) The Municipality may withdraw an approval granted for a consent use or temporary departure if the applicant

or owner fails to comply with a condition of approval.

(2) Prior to doing so, the Municipality must serve a notice on the owner—

(a) informing the owner of the alleged breach of the condition;

(b) instructing the owner to rectify the breach within a specified time period;

(c)   allowing the owner to make representations on the notice within a specified time period.

120 Procedure to withdraw an approval

(1)   The Municipality may withdraw an approval granted—

(a) after consideration of the representations made in terms of section 119(2)(c); and

(b)   if the Municipality is of the opinion that the condition is still being breached and not being complied with

at the end of the period specified in terms of section119(2)(b).

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(2)   If the Municipality withdraws the approval, the Municipality must notify the owner of the withdrawal of the

approval and instruct the owner to cease the activity immediately.

(3)   The approval is withdrawn from date of notification of the owner.

121 Exemptions to facilitate expedited procedures

The Municipality may in writing -(a)   exempt a development from compliance with the provisions of this By-law to reduce the financial or

administrative burden of—

(i) integratedprocedures as contemplated in section97;

(ii)   the provision of housing with the assistance of a state subsidy; or

(iii)   incremental upgrading of existing settlements;

(b)   in an emergency situation authorise that a development may depart from any of the provisions of this

By-law

CHAPTER 7

ENGINEERING SERVICES AND DEVELOPMENT CHARGES

Part A: Provision and Installation of Engineering Services

122 Responsibility for providing engineering services

(1) Every land development area must be provided with such engineering services as the Municipality may deem

necessary for the appropriate development of the land.

(2) An applicant is responsible for the provision and installation of internal engineering services required for a

development at his or her cost when an application is approved.

(3) The Municipality is responsible for the installation and provision of external engineering services, subject to

the payment of development charges first being received, unless the engineering services agreement referred to in section

124 provides otherwise.

123 Installation of engineering services

(1) The applicant must provide and install the internal engineering services, including private internal engineering

services,in accordance with the conditions of establishment and to the satisfaction of the Municipality, and for that purpose

the applicant must lodge with the Municipality such reports, diagrams and specifications as the Municipality may require.

(2) The Municipalitymust have regard to such standards as the Minister or the Member of the Executive Council

may determine for streets and storm water drainage, water, electricity and sewage disposal services in terms of the Act.

(3) If an engineering service within the boundaries of the land development area is intended to serve any other

area within the municipal area, such engineering service and the costs of provision thereof must be treated as an internal

engineering service to theextent that it serves the land development and as an external engineering service to the extent

that it serves any other development.

(4) The Municipality must, where any private roads, private open spaces or any other private facilities or

engineering services are created or to be constructed with the approval of any application set the standards for the width

and or any other matter required to provide sufficient access and engineering services; including but not limited to:

(a) roadways for purposes of sectional title schemes to be created;

(b) the purpose and time limit in which private roads, private engineering services and private facilities are

to be completed;

124 Engineering services agreement

(1) An applicant of an application and the Municipality must enter into an engineering service agreement if the

Municipality requires such agreement.

(2) The engineering services agreement must –

(a) classify the services as internal engineering services,  external engineering services  or private

engineering services;

(b) be clear when the applicant and the Municipality are to commence construction of internal engineering

services, whether private engineering services or not, and external engineering services, at which rate

construction of such services is to proceed and when such services must be completed;

(c) provide for the inspection and handing over of internal engineering servicesto the Municipality or the

inspection of private internal engineering services;

(d) determinethat the risk and ownership in respect of such services must pass to the Municipalityor the

owners’ association as the case may be, when the Municipality is satisfied that the services are

installed to its standards;

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(e) require the applicant to take out adequate insurance cover in respect of such risks as are insurable for

the duration of the land development; and

(f) provide for the following responsibilities after the internal services have been handed over to the

Municipality or the owners’ association:

(i) when normal maintenance by the relevant authority or owners’ association must commence;

(ii) the responsibility of the applicant for the rectification of defects in material and workmanship;

and

(iii) the rights of the relevant authority or owners’ association if the applicant fails to rectify any

defects within a reasonable period after having been requested to do so;

(g) if any one of the parties is to provide and install an engineering service at the request and at the cost

of the other, such service must be clearly identified and the cost or the manner of determining the cost

of the service must be clearly set;

(h) determine whether additional bulk services are to be provided by the Municipality and, if so, such

services must be identified;

(i) determine which party is responsible for the installation and provision of service connections to

residential, business, industrial, community facility and municipal erven, and the extent or manner, if

any, to which the costs of such service connections are to be recovered;

(j) define the service connections to be made which may include all service connections between internal

engineering services and the applicable erf or portion of the land and these include –

(i) a water-borne sewerage pipe terminating at a sewer connection;

(ii) a water-pipe terminating at a water meter; and

(iii) an electricity house connection cable terminating on the relevant erf; and

(k) clearly identify the level and standard of the internal engineering services to be provided and installed

and these include, amongst others –

(i) water reticulation;

(ii) sewerage reticulation, sewage treatment facilities and the means of disposal of effluent and

other products of treatment;

(iii) roads and storm-water drainage;

(iv) electricity reticulation (high and low tension);

(v) street lighting.

(3) The engineering services agreement may require that performance guarantees be provided, or otherwise,

with the provision that -(i) theobligations of the parties with regard to such guarantees are clearly stated;

(ii) such guarantee is irrevocable during its period of validity; and

(iii) such guarantee is transferable by the person to whom such guarantee is expressed to be

payable.

(4) Where only basic services are to be provided initially, the timeframes and the responsibility of the parties for

the upgrading (if any) of services must be recorded in the engineering services agreement.

125 Abandonment or lapsing of application

Where an applicationis abandoned by the applicant or has lapsed in terms of any provision in terms of the Act,

provincial legislation or conditions or this By-law, the engineering services agreement referred to in section124 lapses and

if the ownerhad installed any engineering services before the lapsing of the application in terms of the engineering

services agreement,he or she must have no claim against the Council with regard to the provision and installation of any

engineering services of whatsoever nature.

126 Internal and external engineering services

For the purpose of this Chapter:

(a) "external engineering services" has the same meaning as defined in section 1 of the Act and consist

of both "bulk services" and "link services";

(b) "bulk services" means all the primary water, sewerage, waste disposal, sewage treatment facilities

and means of disposal of effluent and other products of treatment, electricity and storm-water services,

as well as the road network in the system to which the internal services are to be linked by means of

link services;

(c) "link services"  means all new services necessary to connect the internal services to the bulk

services; and

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(d) "internal engineering services"has the same meaning as defined in section 1 of the Act and

includes any link services linking such internal services to the external engineering services.

Part B: Development Charges

127 Payment of development charge

(1) The Municipality must develop a policy for development charges and may levy a development charge in

accordance with the policy, for the provision of -(a) the engineering services contemplated in this Chapter where it will be necessary to enhance or

improve such services as a result of the commencement of the amendment scheme; and

(b) open spaces or parksor other uses, such as social facilities and services, where the commencement of

the amendment scheme will bring about a higher residential density.

(2) If an application is approved by the Municipal Planning Tribunal subject to, amongst others, the payment of a

development charge or an amendment scheme comes into operation, the applicant or owner of the land to which the

scheme relates, must be informed of the amount of the development charge and must, subject to section 124, pay the

development charge to the Municipality.

(3) An owner who is required to pay a development charge in terms of this By-lawmust pay such development

charge to the Municipality before:

(a) any land use right is exercised;

(b) any connection is made to the municipal bulk infrastructure;

(c) a written statement contemplated in section 118 of the Municipal System Actis furnished in respect of

the land;

(d) a building plan is approved in respect of:

(i) the proposed alteration of or addition to an existing building on the land;

(ii) the erection  of a new building on the land, where that building plan, were it not for the

commencement of the amendment scheme, would have been in conflict with the land use

scheme in operation;

(e) the land is used in a manner or for a purpose which, were it not for the commencement of the

amendment scheme, would have been in conflict with the land use scheme in operation.

128 Offset of development charge

(1) An agreement concluded between the Municipality and the applicant in terms of section 49(4) of the Act, to

offset the provision of external engineering services and, if applicable, the cost of internal infrastructure where additional

capacity is required by the Municipality, against the applicable development charge, must be in writing and must include

the estimated cost of the installation of the external engineering services.

(2) The owner must submit documentary proof of the estimated cost of the installation of the external engineering

services.

(3) The amount to be offset against the applicable development charge must be determined by the Municipality.

(4) If the cost of the installation of the external engineering services exceeds the amount of the applicable

development charge, the Municipality may refund the applicant or the owner if there are funds available in the

Municipality’s approved budget.

(5) This section does not oblige the Municipality to offset any costs incurred in the provision of external

engineering services other than that which may have been agreed upon in the engineering services agreement

contemplated in section 124.

129 Payment of development charge in instalments

The Municipality may -

(a) in the circumstances contemplated in  section 128(1), allow payment of the development charge

contemplated in section127 in instalments agreed to in the engineering services agreement which

must comply with the timeframes provided for in the Municipality’s Credit Control and Debt Collection

By-Law or policy, or if last-mentioned By-Law does not provide for such instalments,over a period not

exceeding three years;

(b) in any case, allow payment of the development charge contemplated in section 127 to be postponed

for a period not exceeding three months where security for the payment is given to its satisfaction;

(c) in exercising the power conferred by subparagraphs (a) or (b), impose any condition, including a

condition for the payment of interest.

130 Refund of development charge

No development charge paid to the Municipality in terms of section127 or any portion thereof must be refunded to an

applicant or owner: Provided that where the owner paid the applicablecharge prior to the land use rights coming into

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operation and the application is abandoned in terms of section125 the Municipality may, on such terms and conditions as

it may determine, authorise the refund of development charges or any portion thereof.

131 General matters relating to contribution charges

(1) Notwithstanding any provision to the contrary, where a development charge or contribution for open space is

paid to the Municipality, such funds must, in terms of the provisions of the Municipal Finance Management Act, 2003 (Act

No. 56 of 2003), be kept separate and only applied by the Municipality towards the improvement and expansion of the

services infrastructure or the provision of open space or parking, as the case may be, to the benefit and in the best

interests of the general area where the land area is situated or in the interest of a community that occupies or uses such

land area.

(2) The Municipality must annually prepare a report on the application fees and development charges paid to the

Municipality together with a statement of the Municipality’s infrastructure expenditure and must submit such report and

statement to the Premier.

CHAPTER 8

APPEAL PROCEDURES

PART A: ESTABLISHMENT OF MUNICIPAL APPEAL TRIBUNAL

132 Establishment of Municipal Appeal Tribunal

(1) The Municipality must, if it decides to implement section 51(6) of the Act, establish a Municipal Appeal

Tribunal in accordance with the provisions of this Part and the Municipal Appeal Tribunal is hereby authorised to assume

the obligations of the appeal authority.

(2) The Municipality may, if it is a member of a joint Municipal Planning Tribunal, in writing, agree with the other

party to the joint Municipal Planning Tribunal agreement, to establish a joint Municipal Appeal Tribunal and the joint

Municipal Appeal Tribunal is hereby authorised to assume the obligations of the appeal authority.

(3) An agreement to establish a joint Municipal Appeal Tribunal must describe the rights, obligations and

responsibilities of the participating municipalities and must provide for -(a) the name and demarcation code of each of the participating municipalities;

(b) the budgetary, funding and administrative arrangements for the joint Municipal Appeal Tribunal;

(c) the manner of appointment of members to the joint Municipal Appeal Tribunal, the filling of vacancies

and the replacement and recall of the officials;

(d) the appointment of a chief presiding officer;

(e) the appointment of a nominee to inspect, at any time during normal business hours, the records,

operations and facilities of the joint Municipal Appeal Tribunal on behalf of the participating

municipalities;

(f) determine the conditions for, and consequences ofthe withdrawal from the agreement of a

participating municipality;

(g) determine the conditions for, and consequences of, the termination of the agreement, including the

method and schedule for winding-up the operations of the joint Municipal Appeal Tribunal; and

(h) any other matter relating to the proper functioning of the joint Municipal Appeal Tribunal.

(4) The Municipality must, within 30 days after signing of the agreement contemplated in this section, authorise

the joint Municipal Appeal Tribunal to assume the obligations of the appeal authority.

(5) The Municipality must, within 30 days after the authorisation referred to in subsection (2) publish a notice of

the agreement in the Provincial Gazette and a newspaper circulating in the municipal area of the Municipalityin two official

languages determined by the Council, having regard to language preferences and usage within its municipal area, as

contemplated in section 21 of the Municipal Systems Act.

(6) If a joint Municipal Appeal Tribunal is established in terms of this Part, a person who wants to appeal a

decision taken by the joint Municipal Planning Tribunal must appeal against that decision to the joint Municipal Appeal

Tribunal.

(7) Any reference in this Part to the Municipal Appeal Tribunal is, unless the circumstances indicate otherwise,

a reference to the joint Municipal Appeal Tribunal.

133 Institutional requirements for establishment of Municipal Appeal Tribunal

(1) A municipality, in establishing a Municipal Appeal Tribunal in terms of section132,must, amongst others –

(a) determine the terms and conditions of service of the members of the Municipal Appeal Tribunal;

(b) identify any additional criteria that a person who is appointed as a member of the Municipal Appeal

Tribunal must comply with;

(c) consider the qualifications and experience of the persons it is considering for appointment to the

Municipal Planning Tribunal, make the appropriate appointments and designate thechief presiding

officer;

(f) inform the members in writing of their appointment;

(g) publish the names of the members of the Municipal Appeal Tribunal and their term of office;

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(h) determine the location of the office where the Municipal Appeal Tribunal must be situated; and

(i) develop and approve operational procedures for the Municipal Appeal Tribunal.

(2) The Municipality may not appoint any person to the Municipal Appeal Tribunal if that person -

(a) is disqualified from appointment as contemplated in section 135; or

(b) if he or she does not possess the knowledge or experience required in terms of section134 or the

additional criteria determined by the Municipality in terms of subsection (1)(b).

(3) The Council must –

(a) remunerate members of the Municipal Appeal Tribunal for each hearing of the Municipal Appeal

Tribunal in accordance with the rates determined by Treasury; and

(b) designate an employee of the Municipality or appoint a person as secretary to the Municipal Appeal

Tribunal.

134 Composition, term of office and code of conductof Municipal Appeal Tribunal

(1) The Municipal Appeal Tribunal must consist of between 4 and 6 members which must include at least:

(a) one member who is a professional plannerand who has appropriate experience;

(b) one member who is qualified in law and who has appropriate experience; and

(c) one member who is registered as a professional with the Engineering Council of South Africa in

terms of the Engineering Profession Act, 2000.

(2) The chief presiding officer must designate at least three members of the Municipal Appeal Tribunal to hear,

consider and decide a matter which comes before it and must designate one member as the presiding officer.

(3) No Member of Parliament, the Provincial Legislator or a House of Traditional Leaders, a councillor or

employee of the Municipality may be appointed as a member of the Municipal Appeal Tribunal.

(4) No member of the Municipal Planning Tribunal or joint Municipal Planning Tribunal may serve on the

Municipal Appeal Tribunal.

(5) If a person referred to in subsection (3) or (4) is a member of the Municipal Appeal Tribunal hearing the

appeal, his or her membership renders the decision of the Municipal Appeal Tribunal on that matter void.

(6) The term of office of the members of the Municipal Appeal Tribunal is five years.

(7) After the first terms of office of five years referred to in subsection (6) has expired the appointment of

members of the Municipal Appeal Tribunal for the second and subsequent terms of office must be in accordance with the

provisions of this Part.

(8) A member whose term of office has expired may be re-appointed as a member of the Municipal Appeal

Tribunal.

(9) Members of the Municipal Appeal Tribunal must sign and uphold the code of conduct contemplated in

Schedule 16.

135 Disqualification from membership of Municipal Appeal Tribunal

(1) A person may not be appointed or continue to serve as a member of the Municipal Appeal Tribunal, if that

person –

(a) is not a citizen of the Republic, and resident in the province;

(b) is a member of Parliament, a provincial legislature,House of Traditional Leaders or theCouncil or is

an employee of the Municipality;

(c) is an un-rehabilitated insolvent;

(d) is of unsound mind, as declared by a court;

(e) has at any time been convicted of an offence involving dishonesty;

(f) has at any time been removed from an office of trust on account of misconduct; or

(g) has previously been removed from a Municipal Planning Tribunal or Municipal Appeal Tribunal for a

breach of any provision of this Act.

(2) A member must vacate office if that member becomes subject to a disqualification as contemplated in

subsection (1).

136 Termination of membership of Municipal Appeal Tribunal

(1) A person’s membership of the Municipal Appeal Tribunal may be terminated by a decision of the

Municipalities if there are good reasons for doing so after giving such member an opportunity to be heard.

(2) The reasons for removal referred to in subsection (1) may include, but are not limited to –

(a)   misconduct, incapacity or incompetence; and

(b) failure to comply with any provisions of the Act or this By-Law.

(3) If a member’s appointment is terminated or a member resigns, the Municipality must publish the name of a

person selected by the Municipality to fill the vacancy for the unexpired portion of the vacating member’s term of office.

(4) The functions of the Municipal Appeal Tribunal must not be affected if any member resigns or his or her

appointment is terminated.

137 Status of decision of joint Municipal Appeal Tribunal

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A decision of a joint Municipal Appeal Tribunal relating to land located in the municipal area of the Municipality is

binding on the parties to the appeal and the Municipality.

PART B: MANAGEMENT OF AN APPEAL AUTHORITY

138 Presiding officer of appeal authority

The presiding officer of the appeal authority is responsible for managing the judicial functions of that appeal

authority.

139 Bias and disclosure of interest

(1) No presiding officer or memberof the appeal authority may sit at the hearing of an appeal against a decision of

a Municipal Planning Tribunal if he or she was a member of that Municipal Planning Tribunal when the decision was made

or if he or she was the Land Development Officer and he or she made the decision that is the subject of the appeal.

(2) A member of the appeal authority-

(a) must make full disclosure of any conflict of interest including any potential conflict of interest in any

matter which he or she is designated to consider;

(b) may not attend, participate or vote in any proceedings of the appeal authority in relation to any matter

in respect of which the member has a conflict of interest.

(3) A presiding officer or member of an appeal authority who has or appears to have a conflict of interest as

defined in this section must recuse himself or herself from the appeal hearing.

(4) A party may in writing to the appeal authority request the recusal of the presiding officer or member of that

appeal authority on the grounds of conflict of interest and the presiding officer must decide on the request and inform the

party of the decision in writing.

(5) A decision by a presiding officer or member to recuse himself or herself or a decision by the appeal authority

to recuse a presiding officer or member, must be communicated to the parties concerned by the registrar.

(6) For the purpose of this Chapter “conflict of interest” means any factor that may impair or reasonable give the

appearance of impairing the ability of a member of an appeal authority to independently and impartially adjudicate an

appeal assigned to the appeal authority.

(7) A conflict of interest arises where an appeal assigned to an appeal authority involves any of the following:

(a) A person with whom the presiding officeror member has a personal, familiar or professional

relationship;

(b) a matter in which the presiding officeror member has previously served in another capacity, including

as an adviser, counsel, expert or witness; or

(c) any other circumstances that would make it appear to a reasonable and impartial observer that the

presiding officer’sor member’s participation in the adjudication of the matter would be inappropriate.

140 Registrar of appeal authority

(1) The municipal manager of a municipality is the registrar of the appeal authority.

(2) Notwithstanding the provisions of subsection (1), a municipal council may appoint a person or designate an

official in its employ, to act as registrar of the appeal authority.

(3) Whenever by reason of absence or incapacity any registrar is unable to carry out the functions of his or her

office, or if his or her office becomes vacant, the municipal council may, after consultation with the presiding officer of the

appeal authority, authorise any other competent official in the public service to act in the place of the absent or

incapacitated registrar during such absence or incapacity or to act in the vacant office until the vacancy is filled.

(4) Any person appointed or designated under subsection (2) or authorised under subsection (3) may hold more

than one office simultaneously.

141 Powers and duties of registrar

(1) The registrar is responsible for managing the administrative affairs of the appeal authority and, in addition to

the powers and duties referred to in this Chapter, has all the powers to do what is necessary or convenient for the effective

and efficient functioning of the appeal authority and to ensure accessibility and maintenance of the dignity of the appeal

authority.

(2) The duties of the registrar include –

(a) the determination of the sitting schedules of the appeal authority;

(b) assignment of appeals to the appeal authority;

(c) management of procedures to be adhered to in respect of case flow management and the finalisation

of any matter before the appeal authority;

(d) transmit all documents and make all notifications required by the procedures laid down in the provincial

spatial planning and land use management legislation;

(e) the establishment of a master registry file for each case which must record –

(i) the reference number of each appeal;

(ii) the names of the parties;

(iii) all actions taken in connection with the preparation of the appeal for hearing;

(iv) the dates on which any document or notification forming part of the procedure is received in or

dispatched from his or her office;

(v) the date of the hearing of the appeal;

(vi) the decision of the appeal authority;

(vii) whether the decision was unanimous or by majority vote; and

(viii) any other relevant information.

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(3) The presiding officer of the appeal authority may give the registrar directions regarding the exercise of his or

her powers under this Chapter.

(4) The registrar must give written notice to the presiding officer of all direct or indirect pecuniary interest that he

or she has or acquires in any business or legal person carrying on a business.

PART C: APPEAL PROCESS

142 Commencing of appeal

An appellant must commence an appeal by delivering aNotice of Appeal approved by the Council to the registrarof

the relevant appeal authority and the parties to the original applicationwithin 21 days as contemplated in section 51 of the

Act.

143 Notice of appeal

(1) A Notice of Appeal must clearly indicate:

(a) whether the appeal is against the whole decision or only part of the decision and if only a part, which

part;

(b) where applicable, whether the appeal is against any conditions of approval contemplated in section

54 of an application and which conditions;

(c) the grounds of appeal including any findings of fact or conclusions of law;

(d) a clear statement of the relief sought on appeal;

(e) any issues that the appellant wants the appeal authority to consider in making its decision; and

(f) a motivation of an award for costs.

(2) An appellant may, within seven days from receipt of a notice to oppose an appeal amend the notice of

appeal and must submit a copy of the amended notice to the appeal authorityand to every respondent.

144 Notice to oppose an appeal

A notice to oppose an appeal must be delivered to the registrar of the appeal authority within 21 days from delivery

of the notice of appeal referred to in section 143 and it must clearly indicate:

(a) whether the whole or only part of the appeal is opposed and if only a part, which part;

(b) whether any conditions of approval contemplated in section 54 of an application are opposed and

which conditions;

(c) whether the relief sought by the appellant is opposed;

(d) the grounds for opposing the appeal including any finding of fact or conclusions of law in dispute;

(e) a clear statement of relief sought on appeal.

145 Screening of appeal

(1) When the appeal authority receives a Notice of Appeal, it must screen such Notice to determine whether:

(a) It complies with the formapproved by the Council;

(b) it is submitted within the required time limit; and,

(c) the appeal authority has jurisdiction over the appeal.

(2) If a Notice of Appeal does not comply with the formapproved by the Council, the appeal authority must

return the Notice of Appeal to the appellant, indicating what information is missing and require that information to be

provided and returned to the appeal authority by the appellant within a specific time period.

(3) If the Notice of Appeal is not provided and returned to the appeal authority with the requested information

within the specified time period, the appellant’s appeal will be considered abandoned and the appeal authority must notify

the parties in writing accordingly.

(4) If the Notice of Appeal is received by the appeal authority after the required time limit has expired, the party

seeking to appeal is deemed to have abandoned the appeal and the appeal authority will notify the parties in writing.

(5) If the appeal relates to a matter that appears to be outside the jurisdiction of the appeal authority, it must

notify the parties in writing.

(6) The appeal authority may invite the parties to make submissions on its jurisdiction and it will then determine,

based on any submissions received, if it has jurisdiction over the appeal and must notify the parties in writing of the

decision.

(7) The provisions of this section apply, with the necessary changes, to a notice to oppose an appeal

contemplated in section 144.

PART D: PARTIES TO AN APPEAL

146 Parties to appeal

(1) The parties to an appeal before an appeal authority are:

(a) the appellant who has lodged the appeal with the appeal authority in accordance with section 51(1)

of the Act;

(b) the applicant, if the applicant is not the appellant as contemplated in paragraph (a);

(c) theMunicipal Planning Tribunal that or the Land Development Officer who made the decision;

(d) any person who has been made a party to theproceeding by the appeal authority after a petition to

the appeal authority under section 45(2) of the Act to be granted intervener status.

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147 Intervention by interested person

(1) Where an appeal has been lodged by an appellant to the appeal authority, an interested person referred to

in section 45(2) of the Act may, at any time during the proceedings,petition the appeal authority in writing on the form

approved by Council to be granted intervener status on the grounds that his or her rights may have been affected by the

decision of the Municipal Planning Tribunal or Land Development Officer and might therefore be affected by the

judgement of the appeal authority.

(2) The petitioner must submit together with the petition to be granted intervener status an affidavit stating that

he or she –

(a) does not collude with any of the appellants; and

(b) is willing to deal with or act in regard to the appeal as the appeal authority may direct.

(3) The registrar must determine whether the requirements of this section have been complied with and must

thereafter transmit a copy of the form to the parties of the appeal.

(4) The presiding officer of the appeal authority must rule on the admissibility of the petitioner to be granted

intervener status and the decision of the presiding officer is final and must be communicated to the petitioner and the

parties by the registrar.

PART E: JURISDICTION OF APPEAL AUTHORITY

148 Jurisdiction of appeal authority

An appeal authority may consider an appeal on one or more of the following:

(a) the administrative action was not procedurally fair as contemplated in the Promotion of Administrative

Justice Act, 2000 (Act No. 3 of 2000); and

(b) the merits of the application.

149 Written or oral appeal hearing by appeal authority

An appeal may be heard by an appeal authority by means of a written hearing and if it appears to the appeal

authority that the issues for determination of the appeal cannot adequately be determined in the absence of the parties by

considering the documents or other material lodged with or provided to it, by means of an oral hearing.

150 Representation before appeal authority

At an oral hearing of an appeal before an appeal authority, a party to the proceeding may appear in person or may

be represented by another person.

151 Opportunity to make submissions concerning evidence

The appeal authoritymust ensure that every party to a proceeding before the appeal authority is given a reasonable

opportunity to present his or her case and, in particular, to inspect any documents to which the appeal authority proposes

to have regard in reaching a decision in the proceeding and to make submissions in relation to those documents.

PART F: HEARINGS OF APPEAL AUTHORITY

152 Notification of date, time and place of hearing

(1) The appeal authority must notify the parties of the date, time and place of a hearing at least 14 days before

the hearing commences.

(2) The appeal authority will provide notification of the hearing to the appellant at the appellant’s address for

delivery.

153 Hearing date

(1) A hearing will commence on a date determined by the registrar, which hearing may not take place later than

60 days from the date on which the completed Notice of Appeal was delivered to the appeal authority, provided that the

interested parties were informed of the hearing date at least 30 days prior to the hearing date.

(2) The parties and the presiding officer may agree to an extension of the date referred to in subsection (1).

154 Adjournment

(1) If a party requests an adjournment more than one day prior to the hearing, the party must obtain the written

consent of the other party and the presiding officer of the appeal authority.

(2) The party requesting an adjournment must deliver to the appeal authoritya completed form including

reasons for the request.

(3) The appeal authoritywill notify the parties in writing of the decision of the presiding officer of the appeal

authority.

(4) If the presiding officer of the appeal authority or the other party does not consent to the request for an

adjournment, the hearing will not be adjourned.

(5) If a party requests an adjournment within one day prior to the hearing, the request must be made to the

appeal authority at the hearing and may be made notwithstanding that a prior request was not consented to.

155 Urgency and condonation

(1) The registrar may – 

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(a) on application of any party to an appeal, direct that the matter is one of urgency, and determine such

procedures, including time limits, as he or she may consider desirable to fairly and efficiently resolve

the matter;

(b) on good cause shown, condone any failure by any party to an appeal to comply with thisBy-Law or any

directions given in terms hereof, if he or she is of the opinion that such failure has not unduly

prejudiced any other person;

(2) Every application for condonation made in terms of this section must be –

(a) served on the registrar;

(b) accompanied by a memorandum setting forth the reasons for the failure concerned; and

(c) determined by the presiding officer in such manner as he or she considers proper.

(3) Where a failure is condoned in terms of subsection(1)(b), the applicant for condonation must comply with the

directions given by the registrar when granting the condonation concerned.

156 Withdrawal of appeal

An appellant or any respondent may, at any time before the appeal hearing, withdraw an appeal or opposition to an

appealand must give notice of such withdrawal to the registrar and all other parties to the appeal.

PART G: ORAL HEARING PROCEDURE       

 

157 Location of oral hearing

An oral hearingmust be held in a location within the area of jurisdiction of the Municipality but must not be held where

the Municipal Planning Tribunalsits or the office of the Land Development Officerwhosedecision is under appeal.

158 Presentation of each party’s case

(1) Each party has the right to present evidence and make arguments in support of that party’s case.

(2) The appellant will have the opportunity to present evidence and make arguments first, followed by the

Municipal Planning Tribunal or the Land Development Officer.

159 Witnesses

(1) Each party may call witnesses to give evidence before the panel.

(2) A witness may not be present at the hearing before giving evidence unless the witness is:

(a) an expert witness in the proceedings;

(b) a party to the appeal; or

(c) a representative of a party to the appeal.

160 Proceeding in absence of party

(1) If a party does not appear at an oral hearing, the appeal authority may proceed in the absence of the party if

the party wasnotified of the hearing.

(2) Prior to proceeding, the appeal authority must first determine whetherthe absent party received notification

of the date, time andplace of the hearing.

(3) If the notice requirement was not met, the hearing cannotproceed and the presiding officer of the appeal

authority must reschedule the hearing.

161 Recording

Hearings of the appeal authority mustbe recorded.

162 Oaths

Witnesses (including parties) are required to giveevidence under oath or confirmation.

163 Additional documentation

(1) Any party wishing to provide the appeal authority with additional documentation not included in the appeal

record should provide it to the appeal authority at least three days before the hearing date.

(2) The registrarmust distribute the documentation to the other party and the members of the appeal authority.

(3) If the party is unable to provide the additional documentation to the appeal authority at least 3 days prior to

the hearing, the party may provide it to the appeal authority at the hearing.

(4) The party must bring copies of the additional documentation for the members of the appeal authority and the

other party.

(5) If the additional documentation brought to the hearing is substantive or voluminous, the other party may

request an adjournment from the appeal authority.

PART G: WRITTEN HEARING PROCEDURE              

 

164 Commencement of written hearing

The written hearing process commences with the issuanceof a letter from the appeal authority to the parties

establishing asubmissions schedule.

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165 Presentation of each party’s case in written hearing

(1) Each party must be provided an opportunity to provide written submissions to support their case.

(2) The appellant will be given 21days to provide a written submission.

(3) Upon receipt of the appellant’s submission within the timelines, the appeal authority must forward the

appellant’s submission to the Municipal Planning Tribunalor the Land Development Officer.

(4) The Municipal Planning Tribunal  or the Land Development Officerhas 21days in which to provide a

submission in response.

(5) If no submission is received by a party in the time established in the submissions schedule, it will be

deemed that the party declined the opportunity to provide a submission.

166 Extension of time to provide a written submission

(1)  If a party wishes to request an extension of the time established to provide a written submission, this

request must be in writing to the appeal authority in advance of the date on which the submission is due.

(2) Any request for an extension must be accompanied by the reasons for the request.

(3) Following receipt of a request for an extension of time, the appeal authority will issue a decision in writing to

the parties.

167 Adjudication of written submissions

(1) Following receipt of any written submissions from the parties, the registrar must forward the appeal record,

which includes the written submissions, to the appeal authority for adjudication.

(2) If no written submissions are received from the parties, the registrar will forward the existing appeal record

to the appeal authority for adjudication.

(3) Any submission received after the date it was due but before the appeal authority for adjudication has

rendered its decision will be forwarded to the presiding officer of the appeal authority to decide whether or not to accept

the late submission.

(4) The appeal authoritymust issue a decision in writing to the parties and, if the submission is accepted, the

other party will be given seven days to provide a written submission in response.

PART I: DECISION OF APPEAL AUTHORITY

168 Further information or advice

After hearing all parties on the day of the hearing, the appeal authority –

(a) may in considering its decision request any further information from any party to the appeal hearing

or conduct any investigation which it considers necessary;

(b) may postpone the matter for a reasonable period to obtain further information or advice, in which

case it must without delay make a decision as contemplated by paragraph (c);

(c) must within 21 days after the last day of the hearing, issue its decision on the appeal together with

the reasons therefor.

169 Decision of appeal authority

(1) The appeal authority may confirm, vary or revoke the decision of the Municipal Planning Tribunal or Land

Development Officer and may include an award of costs.

(2) The presiding officer must sign the decision of the appeal authority and any order made by it.

170 Notification of decision

The registrar mustnotify the parties of the decision of the appeal authority in terms of section 169, together with the

reasons therefor within seven days after the appeal authority handed down its decision.

171 Directives to municipality

The appeal authority must, in its decision, give directives to the Municipality concerned as to how such a decision

must be implemented and which of the provisions of the Act and the Regulations have to be complied with by the

municipality as far as implementation of the decision is concerned.

PART I: GENERAL

172 Expenditure

Expenditure in connection with the administration and functioning of the appeal authority must be defrayed from

moneys appropriated by the Municipality.

CHAPTER 9

COMPLIANCE AND ENFORCEMENT

173 Enforcement

The Municipality must comply and enforce compliance with—

(a) the provisions of this By-law; 

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(b) the provisions of a land use scheme;

(c) conditions imposed in terms of this By-law or previous planning legislation; and

(d) title deed conditions.

174 Offences and penalties

(1) Any person who—

(a) contravenes or fails to comply with sections58 and 65 and subsection (2);

(b) fails to comply with a compliance notice served in terms of section175;

(c) utilises land in a manner other than prescribed by the land use scheme of the Municipality;

(d) supplies particulars, information or answers in an application or in an appeal to a decision on an

application, knowing it to be false, incorrect or misleading or not believing them to be correct;

(e) falsely professes to be an authorised employee or the interpreter or assistant of an authorised

employee; or

(f) hinders or interferes an authorised employee in the exercise of any power or the performance of any

duty of that employee;

(g) upon registration of the first land unit arising from a township establishment or a subdivision, fails to

transfer all common property, including private roads and private places origination from the

subdivision, to the owners’ association,

is guilty of an offence and is liable upon conviction to a fine or imprisonment not exceeding a period of 20

years or to both a fine and such imprisonment.

(2) An owner who permits land to be used in a manner set out in subsection (1)(c) and who does not cease that use

or take reasonable steps to ensure that the use ceases, or who permits a person to breach the provisions of the land use

scheme of the Municipality, is guilty of an offence and liable upon conviction to a fine or imprisonment for a period not

exceeding 20 years or to both a fine and such imprisonment.

(3) A person convicted of an offence under this By-law who, after conviction, continues with the action in respect

of which he or she was so convicted, is guilty of a continuing offence and liable upon conviction to imprisonment for a

period not exceeding three months or to an equivalent fine or to both such fine and imprisonment, in respect of each day

on which he or she so continues or has continued with that act or omission.

(4) A Municipality must adopt fines and contravention penalties to be imposed in the enforcement of this By-law.

175 Service of compliance notice

(1) The Municipality must serve a compliance notice on a person if it has reasonable grounds to suspect that the

person or owner is guilty of an offence contemplated in terms of section174.

(2) A compliance notice must direct the occupier and owner to cease the unlawful land use or construction

activity or both, forthwith or within the time period determined by the Municipality and may include an instruction to—

(a) demolish unauthorised building work and rehabilitate the land or restore the building, as the case may

be, to its original form within 30 days or such other time period determined by the Municipal Manager;

or

(b) submit an application in terms of this By-law within 30 days of the service of the compliance notice and

pay the contravention penalty.

(3) A person who has received a compliance notice with an instruction contemplated in subsection (2)(a) may not

submit an application in terms of subsection (2)(b).

(4) An instruction to submit an application in terms of subsection (2)(b) must not be construed as an indication

that the application will be approved.

(5) In the event that the application submitted in terms of subsection (2)(b) is refused, the owner must demolish

the unauthorised work.

(6) A person who received a compliance notice in terms of this section may lodge representations to the

Municipality within 30 days of receipt of the compliance notice.

176 Content of compliance notices

(1) A compliance notice must—

(a) identify the person to whom it is addressed;

(b) describe the activity concerned and the land on which it is being carried out;

(c) state that the activity is illegal and inform the person of the particular offence contemplated in

section174 which that person allegedly has committed or is committing through the carrying on of that

activity;

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(d) the steps that the person must take and the period within which those steps must be taken;

(e) anything which the person may not do, and the period during which the person may not do it;

(f) provide for an opportunity for a person to lodge representations contemplated in terms of section177

with the contact person stated in the notice;

(g) issue a warning to the effect that—

(i) the person could be prosecuted for and convicted of and offence contemplated in section174;

(ii) on conviction of an offence, the person will be liable for the penalties as provided for;

(iii) the person could be required by an order of court to demolish, remove or alter any building,

structure or work illegally erected or constructed or to rehabilitate the land concerned or to

cease the activity;

(iv) in the case of a contravention relating to a consent use or temporary departure, the approval

could be withdrawn;

(v) in the case of an application for authorisation of the activity or development parameter, that a

contravention penalty including any costs incurred by the Municipality, will be imposed;

(2) Any person who receives a compliance notice must comply with that notice within the time period stated in the

notice unless the Municipality has agreed to suspend the operation of the compliance notice in terms of section177.

177 Objections to compliance notice

(1) Any person or owner who receives a compliance notice in terms of section 175may object to the notice by

making written representations to the Municipal Manager within 30 days of receipt of the notice.

(2) Subject to the consideration of any objections or representations made in terms of subsection (1) and any

other relevant information, the Municipal Manager—

(a) may suspend, confirm, vary or cancel a notice or any part of the notice; and

(b) must specify the period within which the person who received the notice must comply with any part of

the notice that is confirmed or modified.

178 Failure to comply with compliance notice

If a person fails to comply with a compliance notice the Municipality may—

(a) lay a criminal charge against the person;

(b) apply to an applicable court for an order restraining that person from continuing the illegal activity, to

demolish, remove or alter any building, structure or work illegally erected or constructed without the

payment of compensation or to rehabilitate the land concerned; or

(c) in the case of a temporary departure or consent use, the Municipality may withdraw the approval

granted and then act in terms of section 175.

179 Urgent matters

(1) In cases where an activity must be stopped urgently, the Municipality may dispense with the procedures set

out above and issue a compliance notice calling upon the person or owner to cease immediately.

(2) If the person or owner fails to cease the activity immediately, the Municipality may apply to any applicable

court for an urgent interdict or any other relief necessary.

180 Subsequent application for authorisation of activity

(1) If instructed to rectify or cease an unlawful land use or building activity, a person may make an application to

the Municipality for any land development contemplated in Chapter 5, unless the person is instructed under section 175 to

demolish the building work.

(2) The applicant must, within 30 days after approval is granted, pay to the Municipality a contravention penalty in the

amount determined by the Municipality.

181 Power of entry for enforcement purposes

(1) An authorised employee may, with the permission of the occupier or owner of land, at any reasonable time,

and without a warrant, and without previous notice, enter upon land or enter a building or premises for the purpose of

ensuring compliance with this By-law.

(2) An authorised employee must be in possession of proof that he or she has been designated as an authorised

employee for the purposes of this By-law.

(3) An authorised employee may be accompanied by an interpreter, a police official or any other person who may

be able to assist with the inspection.

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182 Power and functions of authorised employee

(1) In ascertaining compliance with this By-law as contemplated in section 173, an authorised employee may

exercise all the powers and must perform all the functions granted to him or her under section 32 of the Act.

(2) An authorised employee must not have a direct or indirect personal or private interest in the matter to be

investigated.

183 Warrant of entry for enforcement purposes

(1) A magistrate for the district in which the land is situated may, at the request of the Municipality, issue a

warrant to enter upon the land or building or premises if the—

(a) prior permission of the occupier or owner of land cannot be obtained after reasonable attempts; or

(b) purpose of the inspection would be frustrated by the prior knowledge thereof.

(2) A warrant referred to in subsection (1) may be issued by a judge of any applicable court or by a magistrate

who has jurisdiction in the area where the land in question is situated, and may only be issued if it appears to the judge or

magistrate from information on oath that there are reasonable grounds for believing that—

(a) an authorised employee has been refused entry to land or a building that he or she is entitled to

inspect;

(b) an authorised employee reasonably anticipates that entry to land or a building that he or she is entitled

to inspect will be refused;

(c) there are reasonable grounds for suspecting that a contravention contemplated in section174 has

occurred and an inspection of the premises is likely to yield information pertaining to that

contravention; or

(d) the inspection is reasonably necessary for the purposes of this By-law.

(3) A warrant must specify which of the acts mentioned in section 182 may be performed under the warrant by the

person to whom it is issued and authorises the Municipality to enter upon the land or to enter the building or premises and

to perform any of the acts referred to in section 182 as specified in the warrant on one occasion only, and that entry must

occur -(a) within one month of the date on which the warrant was issued; and

(b) at a reasonable hour, except where the warrant was issued on grounds of urgency.

184 Regard to decency and order

The entry of land, a building or structure under this Chapter must be conducted with strict regard to decency and

order, which must include regard to—

(a) a person’s right to respect for and protection of his or her dignity;

(b) the right to freedom and security of the person; and

(c) the right to a person’s personal privacy.

185 Court order

Whether or not a Municipality has instituted proceedings against a person for an offence contemplated in section174,

the Municipality may apply to an applicable court for an order compelling that person to—

(a) demolish, remove or alter any building, structure or work illegally erected or constructed;

(b) rehabilitate the land concerned;

(c) compelling that person to cease with the unlawful activity; or

(d) any other appropriate order.

CHAPTER 10

TRANSITIONAL PROVISIONS

186 Transitional provisions

(1) Any application or other matter in terms of any provision of National or Provincial legislation dealing with

applications that are pending before the Municipality on the date of the coming into operation of this By-law, must be dealt

with in terms of that legislation or if repealed in terms of its transitional arrangements or in the absence of any other

provision, in terms of this By-law, read with section 2(2) and section 60 of the Act;

(2) Where on the date of the coming into operation of an approved land use scheme in terms of section 26(1) of

the Act, any land or building is being used or, within one month immediately prior to that date, was used for a purpose

which is not a purpose for which the land concerned has been reserved or zoned in terms of the provisions of a land use

scheme in terms of this By-law read with section 26of the Act, but which is otherwise lawful and not subject to any

prohibition in terms of this By-law, the use for that purpose may, subject to the provisions of this subsection (3), be

continued after that date read with the provisions of a Town Planning Scheme or land use scheme.

(3) The right to continue using any land or building by virtue of the provisions of subsection (2) must; 

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(a) where the right is not exercised in the opinion of the Municipality for a continuous period of 15 months,

lapse at the expiry of that period;

(b) lapse at the expiry of a period of 15 years calculated from the date contemplated in subsection (2);

(c) where on the date of the coming into operation of an approved land use scheme -

(i) a building, erected in accordance with an approved building plan, exists on land to which the

approved land use scheme relates;

(ii) the erection of a building in accordance with an approved building plan has commenced on land

and the building does not comply with a provision of the approved land use scheme, the

building must for a period of 15 years from that date be deemed to comply with that provision.

(d) where a period of 15 years has, in terms of subsection (3), commenced to run from a particular date in

the opinion of the Municipality in respect of any land or building, no regard must, for the purposes of

those subsections, be had to an approved scheme which comes into operation after that date.

(e) within one year from the date of the coming into operation of an approved land use scheme -

(i) the holder of a right contemplated in subsection (2) may notify the Municipality in writing that he

is prepared to forfeit that right;

(ii) the owner of a building contemplated in subsection (3)(c) may notify the Municipality in writing

that he is prepared to forfeit any right acquired by virtue of the provisions of that subsection;.

(4) Where at any proceedings in terms of this By-law it is alleged that a right has lapsed in terms of subsection

(2)(a), such allegation is deemed to be correct until the contrary is proved.

(5) Where any land use provisions are contained in any title deed, deed of grant or 99 year leasehold, which did

not form part of a town planning scheme, such land use provisions apply as contemplated in subsection (2).

(6) If the geographic area of the Municipality is demarcated to incorporate land from another municipality then the

land use scheme or town planning scheme applicable to that land remains in force until the Municipality amends, repeals

or replaces it.

187 Determination of zoning

(1) Notwithstanding the provisions of section 186(2) and (3), the owner of land or a person authorised by the

owner may apply to the Municipality for the determination of a zoning for land referred to in section26(3) of the Act.

(2) When the Municipality considers an application in terms of subsection (1) it must have regard to the following:

(a) the lawful utilisation of the land, or the purpose for which it could be lawfully utilised immediately before

the commencement of this By-law if it can be determined;

(b) the zoning, if any, that is most compatible with that utilisation or purpose and any applicable title deed

condition;

(c) any departure or consent use that may be required in conjunction with that zoning;

(d) in the case of land that was  vacant immediately before the commencement of this By-law, the

utilisation that is permitted in terms of the title deed conditions or, where more than one land use is so

permitted, one of such land uses determined by the municipality; and

(e) where the lawful utilisation of the land and the purpose for which it could be lawfully utilised

immediately before the commencement of this By-law, cannot be determined, the zoning that is the

most desirable and compatible with any applicable title deed condition, together with any departure or

consent use that may be required.

(3) If the lawful zoning of land contemplated in subsection (1) cannot be determined, the Municipality must

determine a zoning and give notice of its intention to do so in terms of section98.

(4) A land use that commenced unlawfully, whether before or after the commencement of this By-law, shall not

be deemed to be the lawful land use.

CHAPTER 11

GENERAL PROVISIONS

188 Delegations

Any power conferred in this By-law on the Municipality, Councilor municipal manager may be delegated by the

Municipality, Counciland the municipal manager subject to section 56 of the Act and section 59 of the Local Government:

Municipal Systems Act.

189 Repeal of by-laws

The (insert the name of the applicable by-laws) are hereby repealed.

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190 Fees payable

Any fee payable to the Municipality in terms of this By-Law is determined annually in terms of section 24(2) of the

Municipal Finance Management Act, 2003 read with sections 74 and 75A of the Municipal Systems Act and forms part of

the By-Law to constitute the Tariff Structure of the Municipality.

191 Policy, procedure, determination, standard, requirement and guidelines

(1) The Municipality may adopt a policy, procedure, determination, standard, requirement or guidelines, not

inconsistent with the provisions of the Act and this By-Law, for the effective administration of this By-Law.

(2) Unless the power to determine is entrusted to the Council, another person or body, the Municipal Manager

may determine anything which may be determined by the Municipality in terms of the Act, the Regulations or this By-Law.

(3) The Municipality must make available any policy, procedure, determination, standard, requirement or

guidelines.

(4) An applicable policy, procedure, determination, standard, requirement and guidelines apply to an application

submitted and decided in terms of this By-Law.

192 Short title and commencement

(1) This By-law is called the Chief Albert Luthuli, Dipaleseng, Dr Pixley Ka Isaka Seme, Lekwa,   Mkhondo and

Msukaligwa Municipal By-law on Spatial Planning and Land Use Management.

(2) This By-law comes into operation on the date of publication in the Provincial Gazette .

This gazette is also available free online at www.gpwonline.co.za

58 No.   PROVINCIAL GAZETTE, 22 APRIL 2016

57

SCHEDULE 1

INVITATION TO NOMINATE A PERSON TO BE APPOINTED AS A MEMBER TO THE -________________________

MUNICIPAL PLANNING TRIBUNAL

In terms of the Spatial Planning and Land Use Management Act, 16 of 2013, the _________________ Municipality hereby

invites nominations for officials or employees of the (insert name of organ of state or non-governmental organisation

contemplated in regulation (3)(2)(a) of the Regulations) to be appointed to the ____________________ Municipal

Planning Tribunal for its first term of office.

The period of office of members will be five years calculated from the date of appointment of such members by the

______________ Municipality.

Nominees must be persons registered with the professional bodies contemplated in section 34(1)(a) – (f) of the Municipal

By-law on Spatial Planning and Land Use Management, 2015, who have leadership qualities and who have knowledge

and experience of spatial planning, land use management and land development or the law related thereto.

Each nomination must be in writing and must contain the following information:

(a) The name, address and identity number of the nominee;

(b) The designation or rank of the nominee in the organ of state or non-governmental organisation;

(c) A short curriculum vitae of the nominee (not exceeding two pages);

(d) Certified copies of qualifications and registration certificates indicating registration with the relevant professional

body or voluntary association.

Nominations must be sent to:

The Municipal Manager

___________ Municipality

P.O. Box ______

_____________

______

For Attention: _____________

For Enquiries: _____________

Tel _________________

_________________________________________________________________________

* I, …………………………………………………..…..(full names of nominee),

ID No (of nominee) …………………………………………….,

hereby declare that –

(a) I am available to serve on ______________ Municipal Planning Tribunal and I am willing to serve as chairperson

or deputy chairperson should the Council designate me OR I am not willing to serve a chairperson or deputy

chairperson (delete the option not applicable);

(b) there is no conflict of interest OR I have the following interests which may conflict with the ______________

Municipal Planning Tribunal which I have completed on the declaration of interest form (delete the option not

applicable);

(c) I am not disqualified in terms of section 38 of the Spatial Planning and Land Use Management Act, 16 of 2013 to

serve on the ______________ Municipal Planning Tribunal and I authorise the ______________ Municipality to

verify any record in relation to such disqualification or requirement.

(d) I undertake to sign, commit to and uphold the Code of Conduct applicable to members of the ________________

Municipal Planning Tribunal.

No nominations submitted after the closing date will be considered.

CLOSING DATE: (INSERT DATE)

______________________

Signature of Nominee

______________________

Full Names of Nominee

______________________

Signature of Person signing on behalf of the Organ of State or Non-Governmental Organisation

______________________

Full Names of Person signing on behalf of the Organ of State or Non-Governmental Organisation

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SCHEDULE 2

CALL FOR NOMINATIONS FOR PERSONS  TO BE APPOINTED AS MEMBERS TO THE  -________________________ MUNICIPAL PLANNING TRIBUNAL

CLOSING DATE: (INSERT DATE)

In terms of the Spatial Planning and Land Use Management Act, 16 of 2013, the _________________ Municipality hereby

call for nominations for members of the public to be appointed to the ____________________ Municipal Planning Tribunal

for its first term of office.

The period of office of members will be five years calculated from the date of appointment of such members by the

______________ Municipality.

Nominees must be persons registered with the professional bodies contemplated in section34(1)(a) – (f) of the Municipal

By-law on Spatial Planning and Land Use Management, 2015, who have leadership qualities and who have knowledge

and experience of spatial planning, land use management and land development or the law related thereto.

Each nomination must be in writing and must contain the following information:

(a) The name and address of the nominator, who must be a natural person and a person may nominate himself or

herself;

(b) The name, address and identity number of the nominee;

(d) Motivation by the nominator for the appointment of the nominee to the ____________________ Municipal

Planning Tribunal (no less than 50 words and no more than250 words);

(e) A short curriculum vitae of the nominee (not exceeding two pages);

(f) Certified copies of qualifications and registration certificates indicating registration with the relevant professional

body or voluntary association.

Please note that failure to comply with the above requirements will result in the disqualification of the nomination.

Nominations must be sent to:

The Municipal Manager

___________ Municipality

P.O. Box ______

_____________

______

For Attention: _____________

For Enquiries: _____________

Tel _________________

_________________________________________________________________________

* I, …………………………………………………..…..(full names of nominee),

ID No (of nominee) …………………………………………….,

hereby declare that –

(a) I am available to serve on ______________ Municipal Planning Tribunal and I am willing to serve as chairperson

or deputy chairperson should the Council designate me / I am not willing to serve a chairperson or deputy

chairperson (delete the option not applicable);

(b) there is no conflict of interest OR I have the following interests which may conflict with the ______________

Municipal Planning Tribunal and which I have completed on the declaration of interest form (delete the option not

applicable);

(c) I am not disqualified in terms of section 38 of the Spatial Planning and Land Use Management Act, 16 of 2013 to

serve on the ______________ Municipal Planning Tribunal and I authorise the ______________ Municipality to

verify any record in relation to such disqualification or requirement;

(d) I undertake to sign, commit to and uphold the Code of Conduct applicable to members of the ________________

Municipal Planning Tribunal.

No nominations submitted after the closing date will be considered.

______________________

Signature of Nominee

______________________

Full Names of Nominee

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SCHEDULE 3

DISCLOSURE OF INTERESTS FORM

I, the undersigned,

Full names:   _______________________________

Identity Number: _______________________________

Residing at:   _______________________________

_______________________________

do hereby declare that -

(a) the information contained herein fall within my personal knowledge and are to the best of my knowledge

complete, true and correct, and

(b) that there is no conflict of interest between myself and the ___________________ Municipal Planning Tribunal;

or

(c) I have the following interests which may conflict  or potentially conflict with the interests of  the

_____________________ Municipal Planning Tribunal;

CONFLICTING INTERESTS

(d) thenon-executive directorships previously or currently held and remunerative work, consultancy and retainership

positions held as follows:

  1. NON-EXECUTIVE DIRECTORSHIP

Name of Company Period

5.

  1. REMUNERATIVE WORK, CONSULTANCY & RETAINERSHIPS

Name of Company&

Occupation

Type of Business Rand amount per

month

Period

  1. CRIMINAL RECORD

Type of Offence Dates/Term of Sentence

1.

(e) I am South African citizen or a permanent resident in the Republic

(f) I am not a member of Parliament, a provincial legislature, a Municipal Council or a House of Traditional Leaders;

(g) I am not an un-rehabilitated insolvent;

(h) I have not been declared by a court of law to be mentally incompetent and have not been detained under the

Mental Health Care Act, 2002 (Act No. 17 of 2002);

(i) I have not at any time been convicted of an offence involving dishonesty;

(j) I have not at any time been removed from an office of trust on account ofmisconduct;

(k) I have not previously been removed from a tribunal for a breach of any provision ofthe Spatial Planning and Land

Use Management Act, 2013 or provincial legislation or the Land Use Planning By-Laws, 2015 enacted by the

__________________ Municipality.;

(l) I have not been found guilty of misconduct, incapacity or incompetence; or 

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(m) I have not failed to comply with the provisions of the Spatial Planning and Land Use Management Act, 2013 or

provincial legislation or the Land Use Planning By-Laws, 2015 enacted by the __________________

Municipality.

Signature of Nominee: _________________________

Full Names: __________________________________

SWORN to and SIGNED before me at _______________on this _________day of_____________.

The deponent having acknowledged that he knows and understands the contents of this affidavit, that the contents are

true, and that he or she has no objection to taking this oath and that he or she considers the oath to be binding on his

orher conscience.

_______________________

COMMISSIONER OF OATHS

FULL NAMES: ________________________________

DESIGNATION: ________________________________

ADDRESS:   ________________________________

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SCHEDULE 4

CODE OF CONDUCT OF MEMBERS OF THE MUNICIPAL PLANNING TRIBUNAL

I, the undersigned,

Full names:   _______________________________

Identity Number: _______________________________

Residing at:   _______________________________

_______________________________

do hereby declare that I will uphold the Code of Conduct of the ________________ Municipal Planning Tribunal contained

hereunder:

General conduct

  1. A member of the Municipal Planning Tribunal must at all times—

(a) act in accordance with the principles of accountability and transparency;

(b) disclose his or her personal interests in any decision to be made in the planning process in which he or she

serves or has been requested to serve;

(c) abstain completely from direct or indirect participation as an advisor or decision-maker in any matter in which

he or she has a personal interest and leave any chamber in which such matter is under deliberation unless

the personal interest has been made a matter of public record and the municipality has given written approval

and has expressly authorised his or her participation.

  1. A member of the Municipal Planning Tribunal must not—

(a) use the position or privileges of a member of the Municipal Planning Tribunal or confidential information

obtained as a member of the Municipal Planning Tribunal for personal gain or to improperly benefit another

person; and

(b) participate in a decision concerning a matter in which that member or that members’ spouse, partner or

business associate, has a direct or indirect personal interest or private business interest.

Gifts

  1. A member of the Municipal Planning Tribunal must not receive or seek gifts, favours or any other offer under

circumstances in which it might reasonably be inferred that the gifts, favours or offers are intended or expected to

influence a person’s objectivity as an advisor or decision-maker in the planning process.

Undue influence

  1. A member of the Municipal Planning Tribunal must not—

(a) use the power of any office to seek or obtain special advantage for private gain or to improperly benefit

another person that is not in the public interest;

(b) use confidential information acquired in the course of his or her duties to further a personal interest;

(c) disclose confidential information acquired in the course of his or her duties unless required by law to do so

or by circumstances to prevent substantial injury to third persons; and

(d) commit a deliberately wrongful act that reflects adversely on the Municipal Planning Tribunal, the

Municipality, the government or the planning profession by seeking business by stating or implying that he

or she is prepared, willing or able to influence decisions of the Municipal Planning Tribunal by improper

means.

Signature of Nominee: _________________________

Full Names: __________________________________

Date: _________________________________

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SCHEDULE 5

OWNERS’ ASSOCIATIONS

General

  1. The Municipality may, when approving an application for a subdivision of land impose conditions relating to the

compulsory establishment of an owners’ association by the applicant for an area determined in the conditions.

  1. An owners’ association that comes into being by virtue of subitem1 is a juristic person and must have a

constitution.

  1. The constitution of an owners’ association must be approved by the Municipality before the transfer of the first land

unit and must provide for―

(a) the owners’ association to formally represent the collective mutual interests of the area, suburb or

neighbourhood set out in the constitution in accordance with the conditions of approval;

(b) control over and maintenance of buildings, services or amenities arising from the subdivision;

(c) the regulation of at least one yearly meeting with its members;

(d) control over the design guidelines of the buildings and erven arising from the subdivision;

(e) the ownership by the owners’ association of private open spaces, private roads and other services arising

out of the subdivision;

(f) enforcement of conditions of approval contemplated in section 54 or management plans;

(g) procedures to obtain the consent of the members of the owners’ association to transfer an erf in the event

that the owners’ association ceases to function;

(h) the implementation and enforcement by the owners’ association of the provisions of the constitution.

  1. The constitution of an owners’ association may have other objects as set by the association but may not contain

provisions that are in conflict with any law.

  1. The constitution of an owners’ association may be amended when necessary provided that an amendment that

affects the Municipality or a provision referred to in subitem 3 is approved by the Municipality.

6 An owners’ association which comes into being by virtue of subitem 1 -(a)  has as its members all the owners of land units originating from the subdivision and their successors in title,

who are jointly liable for expenditure incurred in connection with the association; and

(b) is upon registration of the first land unit, automatically constituted.

  1. The design guidelines contemplated in subitem 3(d) may introduce more restrictive development rules than the

rules provided for in the zoning scheme.

  1. If an owners’ association fails to meet any of its obligations contemplated in subitem 3 and any person is, in the

opinion of the Municipality, adversely affected by that failure, the Municipality may take appropriate action to rectify

the failure and recover from the members referred to in subitem6(a), the amount of any expenditure incurred by it in

respect of those actions.

  1. The amount of any expenditure so recovered is, for the purposes of subitem8, considered to be expenditure

incurred by the owners’ association.

Owners’ association ceases to function

  1. If an owners’ association ceases to function or carry out its obligations, the Municipality may―

(a) take steps to instruct the association to hold a meeting and to reconstitute itself;

(b) subject to the amendment of the conditions of approval remove the obligation to establish an owners’

association; or

(c) subject to amendment of title conditions pertaining to the owners’ association remove any obligations in

respect of an owners’ association.

  1. In determining which option to follow, the Municipality must have regard to―

(a) the purpose of the owners’ association;

(b) who will take over the maintenance of infrastructure which the owners’ association is responsible for, if at all;

and

(c) the impact of the dissolution or the owners’ association on the members and the community concerned.

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SCHEDULE 6

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE ESTABLISHMENT OF A TOWNSHIP OR

THE EXTENSION OF THE BOUNDARIES OF A TOWNSHIP

  1. An application for the amendment of an existing scheme or land use scheme by the rezoning of land must, in

addition to the documentation referred to in section90(2), be accompanied by –

(a) a certified copy of the title deed of the land;

(b) acopy of the diagram of every property concerned or, where such diagram is notavailable, a plot

diagram to every piece of land concerned;

(c) alocality plan on an appropriate scale;

(d) a layout plan in the scale approved by the Council and containing the information as considered necessary

by the Municipality;

(g) draft conditions of establishment for the proposed township in the format approved by the Council;

(h) a copy of the appropriate zoning of the applicable land;

(i) an engineering geological investigation and report compiled by a suitably qualified professional;

(j) an undermining stability report, where applicable, compiled by a suitably qualified professional

(k) if the land is encumbered by a bond, the consent of the bondholder’

(l) confirmation whether or not a mining or prospecting right or permit over the land is held or is being

applied for in terms of the Mineral and Petroleum Resources Development Act, 2002;

(m) other limited real rights on the property;

(n) confirmation and details of any land claims on the property;

(o) aconveyancer's certificate;

(p) in the case of the extension of the boundaries of a township, the consent from the Surveyor-General

to the proposed extension of boundaries.

2, An application contemplated in Part H of Chapter 5 does not have to be accompanied by a certified copy of the title

deed of the relevant land or the consent of the bondholder.

  1. The motivation contemplated in section90(2)(d) must contain at least the following information:

(a) The development intentions of the municipality on the application property; as contained in the spatial

development framework and other municipal policies;

(b) compliance with applicable norms and standards and development principles in the municipality;

(c) the existing land use rights on the property;

(d) the need and desirability of the proposed land development;

(e) the effect of the development on the use or development of other land which has a common means of

drainage;

(f) any environmental implications of the proposed land development;

(g) an indication whether an application must be made for an environmental authorization in terms of the

National Environmental Management Act (Act 107 of 1998);

(h) the density of the proposed development

(i) the area and dimensions of each erf in the proposed township;

(j) the layout of roads having regard to their function and relationship to existing roads;

(k) the provision and location of public open space and other community facilities; 

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(l) any phased developments;

(m) ifthe land is not serviced and no provision has been made for a waterborne sewer system, the capacity of

the land to treat and retain all sewage and sullage within the boundaries of each erf or subdivided land

parcel; and

(n) the applicable regulations as contained in the land use scheme.

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SCHEDULE 7

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE AMENDMENT OF AN EXISTING SCHEME

OR LAND USE SCHEME BY THE REZONING OF LAND

  1. An application for the amendment of an existing scheme or land use scheme by the rezoning of land must, in

addition to the documentation referred to in section90(2), be accompanied by –

(a) a certified copy of the title deed of relevant land;

(b)   acopy of the diagram of every application property or, where such diagram is not available, a plot

diagram to every piece of land being the subject of the application;

(c) a locality plan on an appropriate scale;

(d) a zoning plan or land use rights plan, in colour and on an appropriate scale, of the application surrounding

properties;

(e) the amendment scheme map and schedule approved by the Council;

(f) if the land is encumbered by a bond, the consent of the bondholder,

2, An application contemplated in Part H of Chapter 5 does not have to be accompanied by a certified copy of the title

deed of the relevant land or the consent of the bondholder.

  1. The motivation contemplated in section90(2)(d) must contain at least the following information:

(a)   An indication of the persons, communities and institutions likely to be affected by the amendment

and the likely impact on them;

(b) theinterest of the applicant in bringing the application;

(c) a discussion on the content of the scheme prior to the proposed amendment and the need for the

amendment;

(d) a discussion on the proposed amendment;

(e) theexpected impact on the current, adopted municipal spatial development framework and

integrated development plan;

(f) thepossible impact of the amendment on the environment and probable mitigating elements;

(g) anindication whether an application must be made for an environmental authorization in terms of the

National Environmental Management Act, 1998;

(h) an indication of the persons, communities and institutions likely to be affected by the amendment

and the likely impact on them.

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SCHEDULE 8

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE REMOVAL, AMENDMENT OR

SUSPENSION OF A RESTRICTIVE OR OBSOLETE CONDITION, SERVITUDE OR RESERVATION REGISTERED

AGAINST THE TITLE OF THE LAND

  1. An application for theremoval, amendment or suspension of a restrictive or obsolete condition, servitude or

reservation registered against the title of the landmust, in addition to the documentation referred to in section 90(2),

be accompanied by –

(a) a certified copy of the title deed of the land;

(b) acertified copy of the notarial deed of servitude;

(c) acopy of the diagram of every property concerned or, where such diagram is notavailable, a plot

diagram to every piece of land concerned;

(d) acopy of the servitude diagram approved by the Surveyor-General;

(e) alocality plan on an appropriate scale;

(f) a description of all existing and proposed servitudes and services on the land; and

(g) if the land is encumbered by a bond, the consent of the bondholder.

  1. The motivation contemplated in section90(2)(d) must make specific reference to the applicable condition or

servitude, as well as a motivation on the necessity and desirability of the application.

SCHEDULE 9

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION OF THE AMENDMENT OR CANCELLATION IN

WHOLE OR IN PART OF A GENERAL PLAN OF A TOWNSHIP

  1. An application for theamendment or cancellation in whole or in part of a general plan must, in addition to the

documentation referred to in section90(2), be accompanied by –

(a) copies of the relevant sheet of the general plan which may be reduced copies of the original;

(b) copies of a plan of the township showing the posed alteration or amendment or, if partial cancellation is

applied for, the portion of the plan cancelled;

(c) copy of the title deed which is registered in the Deeds Office at the time when the application is submitted of

the land affected by the alteration, amendment or total or partial cancellation;

(d) if the land is encumbered by a bond, the bondholder’s consent;

  1. The motivation contemplated in section90(2)(d) must state the reasons for the posed alteration or amendment.

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SCHEDULE 10

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE SUBDIVISION OF ANY LAND

  1. An application for the subdivision of land must, in addition to the documentation referred to in section90(2), be

accompanied by –

(a) a certified copy of the title deed of the land;

(b) acopy of the diagram of every property concerned or, where such diagram is notavailable, a plot

diagram to every piece of land concerned;

(c) the appropriate consent where required in terms of the Subdivision of Agricultural Land Act, 1970 (Act No.

70 of 1970);

(d) alocality plan on an appropriate scale;

(f) a layout plan in the scale approved by the Council and containing the information as considered necessary

by the Municipality;

(g) draft conditions of establishment for the proposed subdivision;

(h) a copy of the appropriate zoning of the applicable land;

(i) if the land is encumbered by a bond, the consent of the bondholder.

  1. The motivation contemplated in section 90(2)(d) must contain at least the following information:

(a)   The development intentions of the municipality on the application property, as contained in the

spatial development framework and other municipal policies;

(b) the need and desirability of the proposed subdivision;

(c) a justification on the suitability of the land for subdivision;

(d) a  traffic impact assessment of the proposed development;

(e) an assessment of the social impact of the proposed land development;

(f) the impact of the proposed land development on the future use of land in the locality;

(g) the impact of the proposed subdivision on the future use of land in the locality;

(h) the availability of subdivided land in the area and the need for the creation of further erven or

subdivisions;

(i) the effect of the development on the use or development of other land which has a common means

of drainage;

(j) the subdivision pattern having regard to the physical characteristics of the land including existing

vegetation;

(k) the density of the proposed development;

(l) the area and dimensions of each erf;

(m) the layout of roads having regard to their function and relationship to existing roads;

(n) the existing land use rights on the property;

(o) the movement of pedestrians and vehicles throughout the development and the ease of access to

all erven;

(p) the provision and location of public open space and other community facilities;

(q) the phasing of the subdivision;

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(r) the provision and location of common property;

(s) the functions of any body corporate;

(t) the availability and provision of municipal services;

(u) if the land is not serviced and no provision has been made for a waterborne sewer system, the

capacity of the land to treat and retain all sewage and sullage within the boundaries of each erf or

subdivided land parcel;

(v) whether, in relation to subdivision plans, native vegetation can be protected through subdivision

and siting of open space areas;

(w) an indication whether an application must be made for an environmental authorization in terms of the

National Environmental Management Act, 1998;

(x) the existing land use rights on the property; and

(y) the applicable regulations as contained in the land use scheme.

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SCHEDULE 11

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE CONSOLIDATION OF ANY LAND

  1. An application for the consolidation of land must, in addition to the documentation referred to in section 90(2), be

accompanied by –

(a) a certified copy of the title deed of the land;

(b) acopy of the diagram of every property concerned or, where such diagram is notavailable, a plot

diagram to every piece of land concerned;

(c) alocality plan on an appropriate scale;

(d) a layout plan in the scale approved by the Council;

(e) draft conditions of establishment for the proposed consolidation;

(f) a copy of the appropriate zoning of the applicable land;

(g) if the land is encumbered by a bond, the consent of the bondholder.

  1. The motivation contemplated in section90(2)(d) must explain and motivate the application.

SCHEDULE 12

ADDITIONAL DOCUMENTS REQUIRED FOR THE PERMANENT CLOSURE OF A PUBLIC PLACE IF AN

APPLICATION IS SUBMITTED

  1. An application for the permanent closure of a public placemust, in addition to the documentation referred to in

section 90(2), be accompanied by –

(a) a copy of the relevant general plan;

(b) a copy of the approved conditions of establishment of the existing township;

(c) alocality plan on an appropriate scale;

(d) a layout plan in the scale approved by the Council;

  1. The motivation contemplated in section90(2)(d) must explain and motivate the application.

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SCHEDULE 13

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR CONSENT OR APPROVAL REQUIRED IN

TERMS OF A CONDITION OF TITLE, A CONDITION OF ESTABLISHMENT OF A TOWNSHIP OR CONDITION OF AN

EXISTING SCHEME OR LAND USE SCHEME

  1. An application for the consent or approval required in terms of a condition of title, a condition of establishment of a

township or condition of an existing scheme or land use scheme must, in addition to the documentation referred to

in section 90(2), be accompanied by –

(a) a certified copy of the title deed of relevant land;

(b)   acopy of the diagram of every application property or, where such diagram is not available, a plot

diagram to every piece of land being the subject of the application;

(c) a locality plan on an appropriate scale;

(d) adescription of all existing and proposed servitudes and/or services on the applicable land;

(e) thecopy of the land use rights certificate on the applicable land;

(f) if the land is encumbered by a bond, the consent of the bondholder;

(g) azoning plan or land use rights plan; and

(h) a land use plan.

  1. The motivation contemplated in section90(2)(d) must make specific reference to the zoning and other regulations

in terms of the land use scheme.

SCHEDULE 14

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR TEMPORARY USE

  1. An application for temporary use must, in addition to the documentation referred to in section 90(2), be accompanied

by –

(a) a power of attorney from the registered owner of the landif the applicant is not the registered owner;

(b) if the land is encumbered by a bond, the bondholder’s consent’

(c) a locality plan;

(d) a copy of the title deed which is registered in the Deeds Office at the time when the application is submitted;

(e) a copy of the zoning certificate, including any notices published in terms of this By-law which has the

purpose of changing the land use rights which may be applicable.

  1. The motivation contemplated in section 90(2)(d) must contain at least the following information:

(a) reference to the objective and principles contained in this By-law;

(b) reference to the Integrated Development Plan and Municipal Spatial Development Framework and its

components and any other policies, plans or frameworks with specific reference on how this application

complies with it or deviated from it;

(c) The need and desirability of the application;

(d) Discuss the application in terms of the Development Principles, norms and standards as referred to in

Chapter 2 of the Act.

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SCHEDULE 15

CODE OF CONDUCT FOR MEMBERS OF THE MUNICIPAL APPEAL TRIBUNAL

I, the undersigned,

Full names:   _______________________________

Identity Number: _______________________________

Residing at:    _______________________________

_______________________________

_______________________________

do hereby declare that I will uphold the Code of Conduct of the ________________ Municipal Appeal Tribunal contained

hereunder:

General conduct

  1. A member of the Municipal Appeal Tribunal must at all times—

(a) act in accordance with the principles of accountability and transparency;

(b) disclosehis or her personal interests in any decision to be made in the appeal process in which he or she

serves or has been requested to serve;

(c) abstain completely from direct or indirect participation as an advisor or decision-maker in any matter in which

he or she has a personal interest and leave any chamber in which such matter is under deliberation unless

the personal interest has been made a matter of public record and the Municipality has given written

approval and has expressly authorised his or her participation.

  1. A member of the Municipal Appeal Tribunal must not—

(a) use the position or privileges of a member of the Municipal Appeal Tribunal or confidential information

obtained as a member of the Municipal Appeal Tribunal for personal gain or to improperly benefit another

person; and

(b) participate in a decision concerning a matter in which that member or that members’ spouse, partner or

business associate, has a direct or indirect personal interest or private business interest.

Gifts

  1. A member of the Municipal Appeal Tribunal must not receive or seek gifts, favours or any other offer under

circumstances in which it might reasonably be inferred that the gifts, favours or offers are intended or expected to

influence a person’s objectivity as a member of the Municipal Appeal Tribunal.

Undue influence

  1. A member of the Municipal Appeal Tribunal must not—

(e) use the power of any office to seek or obtain special advantage for private gain or to improperly benefit

another person that is not in the public interest;

(f) use confidential information acquired in the course of his or her duties to further a personal interest;

(g) disclose confidential information acquired in the course of his or her duties unless required by law to do so

or by circumstances to prevent substantial injury to third persons; and

(h) commit a deliberately wrongful act that reflects adversely on the Municipal Appeal Tribunal, the Municipality,

the government or the planning profession by seeking business by stating or implying that he or she is

prepared, willing or able to influence decisions of the Municipal Appeal Tribunal by improper means.

Signature of Nominee: _________________________

Full Names: __________________________________

Date: _________________________________

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PROVINSIALE KOERANT, 22 APRIL 2016 No.   73

PROCLAMATION • PROKLAMASIE

XXX The Spatial Planning and Land Use Management (SPLUM) By-law: Chief Albert Luthuli, Dipaleseng, Dr Pixley

ka Isaka Seme, Lekwa, Mkhondo and Msukaligwa Local Municipalities ............................................................1

Page

No.

Gazette

No.

CONTENTS

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PROVINSIALE KOERANT, 22 APRIL 2016 No.   1

Proclamation• Proklamasie

PROCLAMATION XXX OF 2016

XXX The Spatial Planning and Land Use Management (SPLUM) By-law: Chief Albert Luthuli, Dipaleseng, Dr Pixley ka Isaka Seme, Lekwa, Mkhondo and Msukaligwa Local Municipalities

THE SPATIAL PLANNING AND LAND

USE MANAGEMENT (SPLUM) BY-LAW

FOR:

CHIEF ALBERT LUTHULI,

DIPALESENG,

  1. PIXLEY KA ISAKA SEME,

LEKWA, MKHONDO

AND

MSUKALIGWA

LOCAL MUNICIPALITIES

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2 No.   PROVINCIAL GAZETTE, 22 APRIL 2016

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ARRANGEMENT OF SECTIONS

CHAPTER 1

DEFINITIONS, APPLICABLITY AND CONFLICT OF LAWS

Sections

1 Definitions

2 Application of By-Law

3 Conflict of laws

CHAPTER 2

MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK

4 Municipal spatial development framework

5 Contents of municipal spatial development framework

6 Intention to prepare, amend or review municipal spatial development framework

7 Institutional framework for preparation, amendment or review of municipal spatial development framework

8 Preparation, amendment or review of municipal spatial development framework

9 Public participation

10 Local spatial development framework

11 Compilation, amendment or review of local spatial development framework

12 Effect of local spatial development framework

13 Record of and access to municipal spatial development framework

14 Departurefrom municipal spatial development framework

CHAPTER 3

LAND USE SCHEME

15 Land use scheme

16 Purpose of land use scheme

17 General matters pertaining to land use scheme

18 Preparation of draft land use scheme

19 Institutional framework for preparation, review or amendment of land use scheme

20 Council approval for publication of draft land use scheme

21 Public participation

22 Incorporation of relevant comments

23 Preparation of land use scheme

24 Submission of land use scheme to Council for approval and adoption

25 Publication of notice of adoption and approval of land use scheme

26 Submission to Member of Executive Council

27 Records

28 Contents of land use scheme

29 Register of amendments to land use scheme

30 Consolidation of amendment land use scheme

CHAPTER 4

INSTITUTIONAL STRUCTURE FOR LAND DEVELOPEMNT AND LAND USE MANAGEMENT DECISIONS

Part A: Division of Functions

31 Categoriesof applications for purposes of section 35(3) of Act

Part B: Land Development Officer

32 Designation and functions of Land Development Officer

Part C: Establishment of Municipal Planning Tribunal for Local Municipal Area

33 Establishment of Municipal Planning Tribunal for local municipal area

34 Composition of Municipal Planning Tribunal for local municipal area

35 Nomination procedure

36 Submission of nomination

37 Initial screening of nomination by Municipality

38 Evaluation panel

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39 Appointment of member to Municipal Planning Tribunal by Council

40 Term of office and conditions of service of members of Municipal Planning Tribunal for municipal area

41 Vacancy and increase of number of members of Municipal Planning Tribunal

42 Proceedings of Municipal Planning Tribunal for municipal area

43 Tribunal of record

44 Commencement date of operations of Municipal Planning Tribunal

Part D: Establishment of Joint Municipal Planning Tribunal

45 Agreement to establish joint Municipal Planning Tribunal

46 Composition of joint Municipal Planning Tribunal

47 Status of decision of joint Municipal Planning Tribunal

48 Applicability of Part C, F and G to joint Municipal Planning Tribunal

Part E: Establishment of District Municipal Planning Tribunal

49 Agreement to establish district Municipal Planning Tribunal

50 Composition of district Municipal Planning Tribunals

51 Status of decision of district Municipal Planning Tribunal

52 Applicability of Part C, F and G to district Municipal Planning Tribunal

Part F: Decisions of Municipal Planning Tribunal

53 General criteria for consideration and determination of application by Municipal Planning Tribunal  or Land

Development Officer

54 Conditions of approval

55 Reference to Municipal Planning Tribunal

Part G: Administrative Arrangements

56 Administrator for Municipal Planning Tribunal

CHAPTER 5

DEVELOPMENT MANAGEMENT

Part A: Types of Applications

57 Types of applications

58 Application required

Part B: Establishment of Township or Extension of Boundaries of Township

59 Application for establishment of township

60 Division or phasing of township

61 Lodging of layout plan for approval with the Surveyor-General.

62 Compliance with pre-proclamation conditions

63 Opening of Township Register

64 Proclamation of an approved township

65 Prohibition of certain contracts and options

Part C: Rezoning of land

66 Application for amendment of a land use scheme by rezoning of land

Part D: Removal, Amendment or Suspension of a Restrictive or Obsolete Condition, Servitude or Reservation

Registered Against the Title of the Land

67 Requirements for amendment, suspension or removal of restrictive conditions or obsolete condition, servitude or

reservation registered against the title of the land

68 Endorsements in connection with amendment, suspension or removal of restrictive conditions

Part E: Amendment or Cancellation of General Plan

69 Notification of Surveyor-General

70 Effect of amendment or cancellation of general plan

Part F: Subdivision and Consolidation

71 Application for subdivision

72 Confirmation of subdivision 

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73 Lapsing of subdivision and extension of validity periods

74 Amendment or cancellation of subdivision plan

75 Exemption of subdivisions and consolidations

76 Services arising from subdivision

77 Consolidation of land units

78 Lapsing of consolidation and extension of validity periods

Part G: Permanent Closure of Public Place

79 Closure of public places

Part H: Consent Use

80 Application for consent use

Part I: Land Use on Communal Land

81 Application for development on or change to land use purpose of communal land

Part J: Departure from Provisions of Land Use Scheme

82 Application for permanent or temporary departure

Part K: General Matters

83 Ownership of public places and land required for municipal engineering services and social facilities

84 Restriction of transfer and registration

85 First transfer

86 Certification by Municipality

87 Application affection national and provincial interest

CHAPTER 6

APPLICATION PROCEDURES

88 Applicability of Chapter

89 Procedures for making application

90 Information required

91 Application fees

92 Grounds for refusing to accept application

93 Receipt of application and request for further documents

94 Additional information

95 Confirmation of complete application

96 Withdrawal of application

97 Notice of applications in terms of integrated procedures

98 Notification of application in media

99 Serving of notices

100 Content of notice

101 On-site notice

102 Additional methods of public notice

103 Requirements for petitions

104 Requirements for objections or comments

105 Requirements for intervener status

106 Amendments prior to approval

107 Further public notice

108 Cost of notice

109 Applicant’s right to reply

110 Written assessment of application

111 Decision-making period

112 Failure to act within time period

113 Powers to conduct routine inspections

114 Determination of application

115 Notification of decision

116 Extension of time for fulfilment of conditions of approval

117 Duties of agent of applicant 

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118 Errors and omissions

119 Withdrawal of approval

120 Procedure to withdraw an approval

121 Exemptions to facilitate expedited procedures

CHAPTER 7

ENGINEERING SERVICES AND DEVELOPMENT CHARGES

Part A: Provision and Installation of Engineering Services

122 Responsibility for providing engineering services

123 Installation of engineering services

124 Engineering services agreement

125 Abandonment or lapsing of land development application

126 Internal and external engineering services

Part B: Development Charges

127 Payment of development charge

128 Offset of development charge

129 Payment of development charge in instalments

130 Refund of development charge

131 General matters relating to contribution charges

CHAPTER 8

APPEAL

PART A: ESTABLISHMENT OF MUNICIPAL APPEAL TRIBUNAL

132 Establishment of Municipal Appeal Tribunal

133 Institutional requirements for establishment of Municipal Appeal Tribunal

134 Composition, term of office and code of conduct of Municipal Appeal Tribunal

135 Disqualification from membership of Municipal Appeal Tribunal

136 Termination of membership of Municipal Appeal Tribunal

137 Status of decision of joint Municipal Appeal Tribunal

PART B: MANAGEMENT OF AN APPEAL AUTHORITY

138 Presiding officer of appeal authority

139 Bias and disclosure of interest

140 Registrar of appeal authority

141 Powers and duties of registrar

PART C: APPEAL PROCESS

142 Commencing of appeal

143 Notice of appeal

144 Notice to oppose an appeal

145 Screening of appeal

PART D: PARTIES TO AN APPEAL

146 Parties to appeal

147 Intervention by interested person

PART E: JURISDICTION OF APPEAL AUTHORITY

148 Jurisdiction of appeal authority

149 Written or oral appeal hearing by appeal authority

150 Representation before appeal authority

151 Opportunity to make submissions concerning evidence

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PART F: HEARINGS OF APPEAL AUTHORITY

152 Notification of date, time and place of hearing

153 Hearing date

154 Adjournment

155 Urgency and condonation

156 Withdrawal of appeal

PART G: ORAL HEARING PROCEDURE       

 

157 Location of oral hearing

158 Presentation of each party’s case

159 Witnesses

160 Proceeding in absence of party

161 Recording

162 Oaths

163 Additional documentation

PART H: WRITTEN HEARING PROCEDURE              

 

164 Commencement of written hearing

165 Presentation of each party’s case in written hearing

166 Extension of time

167 Adjudication of written submissions

PART I: DECISION OF APPEAL AUTHORITY

168 Further information or advice

169 Decision of appeal authority

170 Notification of decision

171 Directives to Municipality

PART J: GENERAL

172 Expenditure

CHAPTER 9

COMPLIANCE AND ENFORCEMENT

173 Enforcement

174 Offences and penalties

175 Service of compliance notice

176 Content of compliance notices

177 Objections to compliance notice

178 Failure to comply with compliance notice

179 Urgent matters

180 Subsequent application for authorisation of activity

181 Power of entry for enforcement purposes

182 Power and functions of authorised employee

183 Warrant of entry for enforcement purposes

184 Regard to decency and order

185 Court order

CHAPTER 10

TRANSITIONAL PROVISIONS

186 Transitional provisions

187 Determination of zoning

CHAPTER 11

GENERAL

188 Delegations

189 Repeal of by-laws

190 Fees payable

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191 Policy, procedure, determination, standard, requirement and guideline

192 Short title and commencement

Schedule 1:   Invitation to Nominate a Person to be Appointed as a Member to the (Chief Albert Luthuli,

Dipaleseng, Dr. Pixley Ka Isaka Seme, Mkhondo, Lekwa Or Msukaligwa) Municipal Planning

Tribunal

Schedule 2: Call for Nominations for Persons to be Appointed as Members to the (Chief Albert Luthuli,  Dipaleseng,

Dr. Pixley Ka Isaka Seme, Mkhondo, Lekwa Or Msukaligwa) Municipal Planning Tribunal

Schedule 3: Disclosure of Interest

Schedule 4: Code of Conduct of Members of the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka

Seme, Mkhondo, Lekwa Or Msukaligwa) Municipal Planning Tribunal

Schedule 5:   Owners’ Associations

Schedule 6:   Additional Documents Required for an Application for the Establishment of a Township or the Extension

of the Boundaries of a Township

Schedule 7:   Additional Documents Required for an Application for the Amendment of an Existing Scheme or Land

Use Scheme by the Rezoning of Land

Schedule 8:   Additional Documents Required for an Application for the Removal, Amendment or Suspension of a

Restrictive or Obsolete Condition, Servitude or Reservation Registered Against the Title of the Land

Schedule 9:   Additional Documents Required for an Application forthe Amendment or Cancellation in Whole or in Part

of a General Plan of a Township

Schedule 10:   Additional Documents Required for an Application for the Subdivision of any Land

Schedule 11:   Additional Documents Required for an Application for the Consolidation of any Land

Schedule 12:   Additional Documents Required for an Application for the Permanent Closure of a Public Place

Schedule 13:   Additional Documents Required for an Application for the Consent or Approval Required in terms of a

Condition of Title, aCondition of Establishment of a Township or Condition of an Existing Scheme or

Land Use Scheme

Schedule 14:   Additional Documents Required for an Application for Temporary Use

Schedule 15:   Code of Conduct for Members of the Municipal Appeal Tribunal

CHAPTER 1

DEFINITIONS, APPLICABLITY AND CONFLICT OF LAWS

1 Definitions

In thisBy-Law, unless the context indicates otherwise, a word or expression defined in the Act, the Regulationsor provincial

legislation has the same meaning as in thisBy-law and -“Act” means the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013);

“appeal authority” means the executive authority of the municipality, the Municipal Appeal Tribunal established in

terms of Part A of Chapter 8 or any other body or institution outside of the municipality authorised by that municipality to

assume the obligations of an appeal authority for purposes of appeals lodged in terms of the Act;

“application” means a land development and land use application as contemplated in the Act;

“approved township” means a township declared an approved township in terms of section 64 of this By-law;

“By-Law” means this By-Law and includes the schedules attached hereto or referred to herein;

“communal land” means land under the jurisdiction of a traditional council determined in terms of section 6 of the

Mpumalanga Traditional Leadership and Governance Act, 2005 (Act No. 3 of 2005) and which was at any time vested in -(a) the government of the South African Development Trust established by section 4 of the Development Trust

and Land Act, 1936 (Act No. 18 of 1936); or

(b) the government of any area for which a legislative assembly was established in terms of the Self-Governing

Territories Constitution Act, 1971 (Act No. 21 of 1971);

“consent” means a land use right that may be obtained by way of consent from the municipality and is specified as

such in the land use scheme;

“consolidation” means the joining of two or more pieces of land into a single entity;

“Constitution” means the Constitution of the Republic of South Africa, 1996;

“Council” means the municipal council of the Municipality;

“diagram” means a diagram as defined in the Land Survey Act, 1997 (Act No. 8 of 1997);

“deeds registry” means a deeds registry as defined in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of

1937);

“file” means the lodgement of a document with the appeal authority of the municipality;

“land” means -

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8 No.   PROVINCIAL GAZETTE, 22 APRIL 2016

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(a) any erf, agricultural holding or farm portion, and includes any improvements or building on the land and any

real right in land; and

(b) the area of communal land to which a household holds an informal right recognized in terms of the

customary law applicable in the area where the land to which such right is held is situated and which right is

held with the consent of, and adversely to, the registered owner of the land;

“land development area” means an erf or the land which is delineated in an applicationsubmitted in terms of this Bylaw or any other legislation governing the change in land use and “land area” has a similar meaning;

“Land Development Officer” means the authorised official defined in regulation 1 of the Regulations;

“land use scheme” means the land use scheme adopted and approved in terms of Chapter 3of this By-law and for

the purpose of this By-law includes an existing scheme until such time as the existing scheme is replaced by the adopted

and approved land use scheme;

“local spatial development framework” means a local spatial development framework referred to in section 10;

“Member of the Executive Council” means the Member of the Executive Council responsible for local government in

the Province;

“municipal area” means the area of jurisdiction of the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka Seme,

Mkhondo, Lekwa Or Msukaligwa) in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of

1998);

“Municipal Manager” means the person appointed as the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka

Seme, Mkhondo, Lekwa Or Msukaligwa) Municipal Manager in terms of appointed in terms of section54A of the Municipal

Systems Act and includes any person acting in that position or to whom authority has been delegated;

“Municipal Planning Tribunal” means the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka Seme, Mkhondo,

Lekwa Or Msukaligwa) Municipal Planning Tribunal established in terms of section 33;

“Municipality” means the Municipality of (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka Seme, Mkhondo,

Lekwa Or Msukaligwa) or its successor in title as envisaged in section 155(1) of the Constitution, established in terms of

the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) and for the purposes of this By-law includes a

municipal department, the Council, the Municipal Manager or an employee or official acting in terms of a delegation issued

under section 59 of the Municipal Systems Act;

“objector” means a person who has lodged an objection with the Municipality to a draft municipal spatial development

framework, draft land use scheme or an application;

“overlay zone” means a mapped overlay superimposed on one or more established zoning areas which may be used

to impose supplemental restrictions on uses in these areas or permit uses otherwise disallowed;

“Premier” means the Premier of the Province of Mpumalanga;

“previous planning legislation” means  any planning legislation that is repealed by the Act or the provincial

legislation;

“provincial legislation” means legislation contemplated in section 10 of the Act promulgated by the Province;

“Province” means the Province of Mpumalanga referred to in section 103 of the Constitution;

“Regulations”means the Spatial Planning and Land Use Management Regulations: Land Use Management and

General Matters, 2015;

“service provider” means a person lawfully appointed by a municipality or other organ of state to carry out, manage

or implement any service, work or function on behalf of or by the direction of such municipality or organ of state;

“spatial development framework” means the (Chief Albert Luthuli, Dipaleseng, Dr. Pixley Ka Isaka Seme, Mkhondo,

Lekwa Or Msukaligwa) Spatial Development Framework;

“subdivision” means the division of a piece of land into two or more portions;

“the Act” means the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013), Spatial Planning

and Land Use Management Regulations: Land Use Management and General Matters, 2015 and any subsidiary

legislation or other legal instruments issued in terms thereof;

“township register” means an approved subdivision register of a township in terms of the Deeds Registries Act; and

“traditional communities” means communities recognised in terms of section 3 of the Mpumalanga Traditional

Leadership and Governance Act, 2005.

2 Application of By-law

(1) This By-law applies to all land within the municipal area of the Municipality, including land owned by the state.

(2) This By-law binds every owner and their successor-in-title and every user of land, including the state. 

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3 Conflict of laws

(1) ThisBy-law is subject to the relevant provisions of the Act and the provincial legislation.

(2) When considering an apparent conflict between this By-law and another law, a court must prefer any

reasonable interpretation that avoids a conflict over any alternative interpretation that results in a conflict.

(3) Where a provision of this By-lawis in conflict with a provision of the Act or provincial legislation,  the

Municipality must institute the conflict resolution measures provided for in the Act or in provincial legislation, or in the

absence of such measures, the measures provided for in the Intergovernmental Relations Framework Act, 2005 (Act

No.13 of 2005); to resolve the conflict and until such time as the conflict is resolved, the provisions of this By-law prevails.

(4) Where a provision of the land use scheme is in conflict with the provisions of this By-law, the provisions of this

By-law prevails.

(5) Where there is a conflict between this By-law and another By-law of the Municipality, this By-Law prevails

over the affected provision of the other By-law in respect of any municipal planning matter.

CHAPTER 2

MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK

4 Municipal spatial development framework

(1) The Municipality must draft a municipal spatial development framework in accordance with the provisions

ofsections 20 and 21 of the Act read with sections 23 to 35 of the Municipal Systems Act.

(2) The municipal spatial development framework does not confer or take away land use rights but guides and

informs decisions to be made by the Municipality relating to land development.

(3) The provisions of this Chapter apply, with the necessary change, to the review or amendment of a municipal

spatial development framework.

5 Contents of municipal spatial development framework

(1) The municipal spatial development framework must provide for the matters contemplated in section 21 of the

Act, section 26 of the Municipal Systems Act and provincial legislation, if any, and the Municipality may for purposes of

reaching its constitutional objectives include any matter which it may deem necessary for municipal planning.

(2) Over and above the matters required in terms of subsection (1), the Municipality may determine any further

plans, policies and instruments by virtue of which the municipal spatial development framework must be applied,

interpreted and implemented.

(3) The municipal spatial development framework must  contain transitional arrangements with regard to the

manner in which the municipal spatial development framework is to be implemented by the Municipality.

6 Intention to prepare, amend or review municipal spatial development framework

The Municipality which intends to prepare, amend or review its municipal spatial development framework -

(a) may convene an intergovernmental steering committee and must convene a project committee in

accordance with section 7;

(b) must publish a notice in two official languages determined by the Council, having regard to language

preferences and usage within its municipal area, as contemplated in section 21 of the Municipal

Systems Act, of its intention to prepare, amend or review the municipal spatial development framework

and the process to be followed in accordance with section 28(3) of the Municipal Systems Act in two

newspapers that is circulated in the municipal area;

(c) must inform the Member of the Executive Council in writing of  its intention to prepare, amend or

review the municipal spatial development framework;

(d) mustregister relevant stakeholders who must be invited to comment on the draft municipal spatial

development framework or draft amendment of the municipal spatial development framework as part

of the process to be followed.

7 Institutional framework for preparation, amendment or review of municipal spatial development framework

(1) The purpose of the intergovernmental steering committee contemplated in section 6(a) is to co-ordinate the

applicable contributions into the municipal spatial development framework and to-

(a) provide technical knowledge and expertise;

(b) provide input on outstanding information that is required to draft the municipal spatial development

framework or an amendment or review thereof;

(c) communicate any current or planned projects that have an impact on the municipal area;

(d) provide information on the locality of projects and budgetary allocations; and

(e) provide written comment to the project committee at each of various phases of the process. 

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(2) The Municipality must, before commencement of the preparation, amendment or review of the municipal

spatial development framework, in writing, invite nominations for representatives to serve on the intergovernmental

steering committee from—

(a) departments in the national, provincial and local sphere of government, other organs of state,

community representatives, engineering services providers, traditional councils; and

(b) any other body or person that may assist in providing information and technical advice on the content

of the municipal spatial development framework.

(3) The purpose of the project committee contemplated in section 6(a) is to –

(a) prepare, amend or review the municipal spatial development framework for adoption by the Council;

(b) provide technical knowledge and expertise;

(c) monitor progress and ensure that the drafting municipal spatial development framework or amendment

of the municipal spatial development framework is progressing according to the approved process

plan;

(d) guide the public participation process, including ensuring that the registered key public sector

stakeholders remain informed;

(e) ensure alignment of the municipal spatial development framework with the development plans and

strategies of other affected municipalities and organs of state as contemplated in section 24(1) of the

Municipal Systems Act;

(f) facilitate the integration of other sector plans into the municipal spatial development framework;

(g) oversee the incorporation of amendments to the draft municipal spatial development framework or

draft amendment or review of the municipal spatial development framework to address comments

obtained during the process of drafting thereof;

(i) if the Municipality decides to establish an intergovernmental steering committee—

(i) assist the Municipality in ensuring that the intergovernmental steering committee is established

and that timeframes are adhered to; and

(ii)   ensure the flow of information between the project committee and the intergovernmental

steering committee.

(4) The project committee must consist of –

(a) the Municipal Manager; and

(b) employees in the full-time service of the Municipality designated by the Municipality.

8 Preparation, amendment or review of municipal spatial development framework

(1) The project committee must compile a status quo document setting out an assessment of existing levels of

development and development challenges in the municipal area and must submit it to the intergovernmental steering

committee for comment.

(2)  After consideration of the comments of the intergovernmental steering committee, the project committee must

finalise the status quo document and submit it to the Council for adoption.

(3) The project committee must prepare a first draft of the municipal spatial development framework or first draft

amendment or review of the municipal spatial development framework and must submit it to the intergovernmental

steering committee for comment.

(4) After consideration of the comments of the intergovernmental steering committee, the project committee must

finalise the first draft of the municipal spatial development framework or first draft amendment or review of the municipal

spatial development framework and submit it to the Council, together with the report referred to in subsection (5), to

approve the publication of a notice referred to in section9(4) that the draft municipal spatial development framework or an

amendment or review thereof is available for public comment.

(5) The project committee must submit a written report as contemplated in subsection (4) which must at least —

(a) indicate the rationale in the approach to the drafting of the municipal spatial development framework;

(b) summarise the process of drafting the municipal spatial development framework;

(c) summarise the consultation process to be followed with reference to section9 of this By-law;

(d) indicate the involvement of the intergovernmental steering committee, if convened by the Municipality;

(e) indicate the departments that were engaged in the drafting of the municipal spatial development

framework;

(f) indicatethe alignment with the national and provincial spatial development frameworks; 

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(g) indicate all sector plans that may have an impact on the municipal spatial development framework;

(h) indicate how the municipal spatial development framework complies with the requirements of relevant

national and provincial legislation, and relevant provisions of strategies adopted by the Council; and

(i) recommend the adoption of the municipal spatial development framework for public participation as the

draft municipal spatial development framework for the Municipality, in terms of the relevant legislation

and this By-law.

(6) After consideration of the comments and representations, as a result of the publication contemplated in

subsection (4), the project committee must compile a final municipal spatial development framework or final amendment or

review of the municipal spatial development framework and must submit it to the intergovernmental steering committee for

comment.

(7) After consideration of the comments of the intergovernmental steering committee, the project committee must

finalise the final municipal spatial development framework or final amendment or review of the municipal spatial

development frameworkand submit it to the Council for adoption.

(8) If the final municipal spatial development framework or final amendment or review of the municipal spatial

development framework, as contemplated in subsection (6), is materially different to what was published in terms of

subsection (4), the Municipality must follow a further consultation and public participation process before it is adopted by

the Council.

(9) The Council must adopt the final municipal spatial development framework or final amendment or review of

the municipal spatial development framework, with or without amendments, and must within 21 days of its decision –

(a) give notice of its adoption in the media and the Provincial Gazette; and

(b) submit a copy of the municipal spatial development framework to the Member of the Executive

Council.

(10) The municipal spatial development framework or an amendment thereof comes into operation on the date of

publication of the notice contemplated in subsection9.

(11) If no intergovernmental steering committee is convened by the Municipality, the project committee submits the

draft and final municipal spatial development framework or amendment or review thereof directly to the Council.

9 Public participation

(1) Public participation undertaken by the Municipality must contain and comply with all the essential elements of

any notices to be placed in terms of the Act or the Municipal Systems Act.

(2) In addition to the publication of notices in the Provincial Gazette and a newspaper that is circulated in the

municipal area, the Municipality may, subject to section 21A of the Municipal Systems Act, use any other method of

communication it may deem appropriate.

(3) The Municipality may for purposes of public engagement on the content of the draft municipal spatial

development framework arrange –

(a) aconsultative session with traditional councils and traditional communities;

(b) aspecific consultation with professional bodies, ward communities or other groups; and

(c) apublic meeting.

(4) The notice contemplated in section8(4) must specifically state that any person or body wishing to provide

comments must-

(a) do so within a period of 60 days from the first day of publication of the notice;

(b) provide written comments; and

(c) provide their contact details as specified in the definition of contact details.

10 Local spatial development framework

(1) The Municipality may adopt a local spatial development framework for a specific geographical area of a

portion of the municipal area.

(2) The purpose of a local spatial development framework is to:

(a) provide detailed spatial planning guidelines or further plans for a specific geographic area or parts of

specific geographical areas and may include precinct plans;

(b) provide more detail in respect of a proposal provided for in the municipal spatial development

framework or necessary to give effect to the municipal spatial development framework and or its

integrated development plan and other relevant sector plans;

(c) address specific land use planning needs of a specified geographic area;

(d) provide detailed policy and development parameters for land use planning; 

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(e) provide detailed priorities in relation to land use planning and, in so far as they are linked to land use

planning, biodiversity and environmental issues;

(f) guide decision making on land development applications;

(g) or any other relevant provision that will give effect to its duty to manage municipal planning in the

context of its constitutional obligations.

11 Compilation, amendment or review of local spatial development framework

(1) If the Municipality prepares,amends or reviews a local spatial development framework, it must draft and

approve a process plan, including public participation processes to be followed for the compilation, amendment, review or

adoption of a local spatial development framework.

(2) The municipality must, within 21 days of adopting a local spatial development framework or an amendment of

local spatial development framework, publish a notice of the decision in the media and the Provincial Gazette and submit a

copy of the local spatial development framework to the Member of the Executive Council.

12 Effect of local spatial development framework

(1) A local spatial development framework or an amendment thereof comes into operation on the date of

publication of the notice contemplated in section 8(9).

(2) A local spatial development framework guides and informs decisions made by the Municipality relating to land

development, but it does not confer or take away rights.

13 Record of and access to municipal spatial development framework

(1) The Municipality must keep, maintain and make accessible to the public, including on the Municipality’s

website, the approved municipal or local spatial development framework and or any component thereof applicable within

the jurisdiction of the Municipality.

(2) Should anybody or person request a copy of the municipal or local spatial development framework the

Municipality must provide on payment by such body or person of the fee approved by the Council, a copy to them of the

approved municipal spatial development framework or any component thereof.

14 Departurefrom municipal spatial development framework

(1) For purposes of section 22(2) of the Act, site specific circumstances include –

(a) adeparture that does not materially change the desired outcomes and objectives of a municipal spatial

development framework and local spatial development framework, if applicable;

(b) the site  does not permit the development applied for in accordance with the  municipal spatial

development framework; or

(c) a unique circumstance pertaining to a discovery of national or provincial importancethat results in an

obligation in terms of any applicable legislation to protect or conserve such discovery.

(2) If the effect of an approval of an application will be a material change of the municipal spatial development

framework, the Municipality may amend the municipal spatial development framework in terms of the provisions of this

Chapter, and must approve the amended spatial development framework prior to the Municipal Planning Tribunal taking a

decision which would constitute a departure from the municipal spatial development framework.

(3) The timeframe for taking a decision on any application that cannot be decided by the Municipal Planning

Tribunal before an amendment of the municipal spatial development framework is approved by the Municipality is

suspended until such time as the municipal spatial development framework is approved by the Municipality.

(4) For purposes of this section, “site” means a spatially defined area that is impacted by the decision, including

neighbouring land.

CHAPTER 3

LAND USE SCHEME

15 Land use scheme

(1) Sections 24 to 28 of the Act apply to any land use scheme prepared and adopted by the Municipality.

(2) The provisions of this Chapter apply, with the necessary change, to the review and amendment of the land

use scheme contemplated in sections 27 and28 of the Act.

16 Purpose of land use scheme

In addition to the purposes of a land use scheme stipulated in section 25(1) of the Act, the Municipality must

determine the use and development of land within the municipal area to which it relates in order to promote -(a) harmonious and compatible land use patterns;

(b) aesthetic considerations;

(c) sustainable development and densification;

(d) the accommodation of cultural customs and practices of traditional communities in land use

management; and

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(e) a healthy environment that is not harmful to a person’s health.

17 General matters pertaining to land use scheme

(1) In order to comply with section 24(1) of the Act, the Municipality must -

(a) prepare a draft land use scheme as contemplated in section 18;

(b) create the institutional framework as contemplated in section 19;

(c) obtain Council approval for publication of the draft land use scheme as contemplated in section20;

(d) embark on the necessary public participation process as contemplated in section21;

(e) incorporate relevant comments received during the public participation process as contemplated in

section 22;

(f) prepare the land use scheme as contemplated in section 23;

(g) submit the land use scheme to the Council for approval and adoption as contemplated in section 24;

(h) publish a notice of the adoption and approval of the land use scheme in the Provincial Gazette as

contemplated in section 25; and

(i) submit the land use scheme to the Member of the Executive Council as contemplated in section 26.

(2) The Municipality may, on its own initiative or on application, create an overlay zone for land situated within the

municipal area.

(3) Zoning may be made applicable to a land unit or part thereof and must follow cadastral boundaries except for

a land unit or part thereof which has not been surveyed, in which case a reference or description as generally approved by

Council may be used.

(4) The land use schemeof the Municipality must take into consideration:

(a) the Integrated Development Plan in terms of the Municipal Systems Act;

(b) the Spatial Development Framework as contemplated in Chapter 4 of the Act and Chapter 2 of this Bylaw,

(c) provincial legislation, and

(d) an existing town planning scheme.

18 Preparation of draft land use scheme

The Municipality which intends to prepare, review or amend its land use scheme -

(a) may convene an intergovernmental steering committee and must convene a project committee in

accordance with section 19;

(b) must publish a notice in two local newspapers that is circulated in the municipal area of the

municipality in two official languages determined by the Council, having regard to the language

preferences and usage within its municipal area, as contemplated in section 21 of the Municipal

Systems of its intention to prepare, review or amend the land use scheme;

(c) must inform the Member of the Executive Council in writing of its intention to prepare, review or amend

the land use scheme;

(d) must register relevant stakeholders who must be invited to comment on the draft land use scheme or

draft review or amendment of the municipal spatial development framework as part of the process to

be followed;

(e) mustdetermine the form and content of the land use scheme;

(f) mustdetermine the scale of the land use scheme;

(g) mustdetermine any other relevant issue that will impact on the preparationand final adoption of the

land use scheme which will allow for it to be interpreted and or implemented; and

(h) must confirm the manner in which the land use schememust inter alia set out the general provisions for

land uses applicable to all land, categories of land use, zoning maps, restrictions, prohibitions and or

any other provision that may be relevant to the management of land use, which may or must not

require a consent or permission from the Municipality for purposes of the use of land.

19 Institutional framework for preparation, review or amendment of land use scheme

(1) The purpose of the intergovernmental steering committee contemplated in section 18(a) is to co-ordinate the

applicable contributions into the land use scheme and to-

(a) provide technical knowledge and expertise; 

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(b) provide input on outstanding information that is required to draft the land use scheme or an review or

amendment thereof;

(c) communicate any current or planned projects that have an impact on the municipal area;

(d) provide information on the locality of projects and budgetary allocations; and

(e) provide written comment to the project committee at each of various phases of the process.

(2) The Municipality must, before commencement of the preparation, review or amendment of the land use

scheme, in writing, invite nominations for representatives to serve on the intergovernmental steering committee from—

(a) departments in the national, provincial and local sphere of government, other organs of state,

community representatives, engineering services providers, traditional councils; and

(b) any other body or person that may assist in providing information and technical advice on the content

of the land use scheme.

(3) The purpose of the project committee contemplated in section 18(a) is to –

(a) prepare, review or amend the land use scheme for adoption by the Council;

(b) provide technical knowledge and expertise;

(c) monitor progress and ensure that the development of the land use scheme or review or amendment

thereof is progressing according to the approved project plan;

(d) guide the public participation process, including ensuring that the registered key public sector

stakeholders remain informed;

(e) ensure alignment of the  land use scheme with the  municipal spatial development framework,

development plans and strategies of other affected municipalities and organs of state;

(f) oversee the incorporation of amendments to the draft land use scheme or draft review or amendment

of the land use scheme to address comments obtained during the process of drafting thereof;

(g) if the Municipality decides to establish an intergovernmental steering committee—

(i) assist the Municipality in ensuring that the intergovernmental steering committee is established

and that timeframes are adhered to; and

(ii)   ensure the flow of information between the project committee and the intergovernmental

steering committee.

(4) The project committee must consist of –

(a) the Municipal Manager; and

(b) employeesin the full-time service of the Municipality and designated by the Municipality.

20 Council approval for publication of draft land use scheme

(1) Upon completion of the draft land use scheme, the project committee must submit it to the Council for

approval as the draft land use scheme.

(2) The submission of the draft land use scheme to the Council must be accompanied by a written report from the

project committee and the report must at least –

(a) indicate the rationale in the approach to the drafting of the land use scheme;

(b) summarise the process of drafting the draft land use scheme;

(c) summarise the consultation process to be followed with reference to section 21 of this By-law;

(d) indicate the departments that were engaged in the drafting of the draft land use scheme;

(e) indicate how the draft land use scheme complies with the requirements of relevant national and

provincial legislation, and relevant mechanism controlling and managing land use rights by the

Council;

(f) recommend the approval of the draft land use scheme for public participation in terms of the relevant

legislation and this By-law.

(3) An approval by the Council of the draft land use schemeand the public participation thereof must be given and

undertaken in terms of this By-law and the Act.

(4) The Municipality must provide the Member of the Executive Council with a copy of the draft land use scheme

after it has been approved by the Council as contemplated in this section.

21 Public participation

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(1) The public participation process must contain and comply with all the essential elements of any notices to be

placed in terms of this By-law and in the event of an amendment of the land use scheme, the matters contemplated in

section 28 of the Act.

(2) Without detracting from the provisions of subsection (1) above the Municipality must -(a)  publish a notice in the Provincial Gazette;

(b) publish a notice in two local newspapers that is circulated in the municipal area of the municipality in

two official languages determined by the Council, having regard to the language preferences and

usage within its municipal area, as contemplated in section 21 of the Municipal Systems Act, once a

week for two consecutive weeks; and

(c) enable traditional communities to participate through the appropriate mechanisms, processes and

procedures established in terms of Chapter 4 of the Municipal Systems Act;

(d) use any other method of communication it may deem appropriate and the notice contemplated in

subparagraph (b) must specifically state that any person or body wishing to provide comments and or

objections must:

(i) do so within a period of 60 days from the first day of publication of the notice;

(ii) provide written comments in the form approved by Council; and

(iii) provide their contact details as specified in thenotice.

(3) The Municipality may for purposes of public engagement arrange –

(a) aconsultative session with traditional councils and traditional communities;

(b) a specific consultation with professional bodies, ward communities or other groups; and

(c) apublic meeting.

22 Incorporation of relevant comments

(1) Within 60 days after completion of the public participation process outlined in section21 the project committee

must –

(a) review and consider all submissions made in writing or during any engagements; and

(b) prepare a report including all information they deem relevant, on the submissions made; provided that:

(i) for purposes of reviewing and considering all submissions made, the Municipal Manager may

elect to hear the submission through an oral hearing process;

(ii) all persons and or bodies that made submissions must be notified of the time, date and place of

the hearing as may be determined by the Municipality not less than 30 days prior to the date

determined for the hearing, by electronic means or registered post;

(iii) for purposes of the consideration of the submissions made on the land use scheme the

Municipality may at any time prior to the submission of the land use scheme to the Council,

request further information or elaboration on the submissions made from any person or body.

(2) The project committee must for purposes of proper consideration provide comments on the submissions

made which comments must form part of the documentation to be submitted to the Council as contemplated in

subsection(1)(b).

23 Preparation of land use scheme

The project committee must, where required and based on the submissions made during public participation, make

final amendments to the draft land use scheme, provided that; if such amendments are in the opinion of the Municipality

materially different to what was published in terms of section21(2), the Municipality must follow a further consultation and

public participation process in terms of section21(2) of this By-law, before the land use scheme is adopted by the Council.

24 Submission of land use scheme to Council for approval and adoption

(1) The project committeemust -(a)  within 60 days from the closing date for objections contemplated in section21(2)(d)(i), or

(b) if a further consultation and public participation process is followed as contemplated in section23,

within 60 days from the closing date of such further objections permitted in terms of section 23 read

with section21(2)(d)(i),

submit the proposed land use scheme and all relevant supporting documentation to the Council with a

recommendation for adoption.

(2) The Council must consider and adopt the land use scheme with or without amendments.

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25 Publication of notice of adoption and approval of land use scheme

(1) The Council must, within 60 days of its adoption of the land use scheme referred to in section24(2),publish

notice of the adoption in the media and the Provincial Gazette.

(2) The date of publication of the notice referred to in subsection (1), in the Provincial Gazette, is the date of

coming into operation of the land use scheme unless the notice indicates a different date of coming into operation.

26 Submission to Member of Executive Council

After the land use scheme is published in terms of section 25 the Municipality must submit the approved land use

scheme to the Member of the Executive Council for cognisance.

27 Records

(1) The Municipality mustin hard copy or electronic formatkeep record in the register of amendments to the land

use scheme contemplated in section29of the land use rights in relation to each erf or portion of land and which information

is regarded as part of its land use scheme.

(2) The Municipality must keep, maintain and make accessible to the public, including on the Municipality’s

website, the approved land use scheme and or any component thereof applicable within the municipal area of the

Municipality.

(3) Should anybody or person request a copy of the approved land use scheme, or any component thereof, the

Municipality must provide on payment by such body or person of the fee approved by the Council, a copy to them of the

approved land use scheme or any component thereofin accordance with the provisions of its Promotion of Access to

Information By-Law or policy, if applicable.

28 Contents of land use scheme

(1) The contents of a land use scheme developed and prepared by the Municipality must include all the essential

elements contemplated in Chapter 5 of the Act and provincial legislation and must contain –

(a) a zoning for all land within the municipal area in accordance with a category of zoning as approved by

Council;

(b) land use regulations including specific conditions, limitations, provisions or prohibitions relating to the

exercising of any land use rights or zoning approved on a property in terms of the approved land use

scheme or any amendment scheme, consent, permission or conditions of approval of an application on

a property;

(c) provisions for public participation that may be required for purposes of any consent, permission or

relaxation in terms of an approved land use scheme;

(d) provisions relating to the provision of engineering services, which provisions must specifically state

that land use rights may only be exercised if engineering services can be provided to the property to

the satisfaction of the Municipality;

(e) servitudes for municipal services and access arrangements for all properties;

(f) provisions applicable to all properties relating to storm water;

(g) provisions for the construction and maintenance of engineering services including but not limited to

bodies established through the approval of land development applications to undertake such

construction and maintenance;

(h) zoning maps as approved by Councilthatdepicts the zoning of every property in the municipal area as

updated from time to time in line with the land use rights approved or granted; and

(i) transitional arrangements with regard to the manner in which the land use scheme is to be

implemented.

(2) The land use scheme may –

(a) determine the components of the land use scheme for purposes of it being applied, interpreted and

implemented; and

(b) include any matter which it deems necessary for municipal planning in terms of the constitutional

powers, functions and duties of a municipality.

29 Register of amendments to land use scheme

The Municipality must keep and maintain aland use scheme register in a hard copy or electronic format as approved

by the Council and it must contain the following but is not limited to:

(a) Date of application;

(b) name and contact details of applicant;

(c) type of application;

(d) propertydescription and registration division;

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(e) previous and approvedzoning and existing land use;

(f) a copy of the approved site development plan referred to in section 53;

(g) amendment scheme number;

(h)   annexurenumber;

(i) itemnumber;

(j) itemdate;

(k)   decision (approved/on appeal/not approved);

(l) decisiondate.

30 Consolidation of amendment of land use scheme

(1) The Municipality may of its own accord in order to consolidate an amendment of a land use scheme or map,

annexure or schedule of the approved land use scheme, of more than one portion of land, prepare a certified copy of

documentation as the Municipality may require, for purposes of consolidating the said amendment scheme, which

consolidated amendment scheme is in operation from the date of the signing thereof provided that:

(a)   such consolidation must not take away any land use rights granted in terms of an approved land use

scheme, for purposes of implementation of the land use rights;

(b) afterthe Municipality has signed and certified a consolidation amendment scheme, it must publish it in

the Provincial Gazette.

(2) Where as a result of repealed legislation, the demarcation of municipal boundaries or defunct processes it is

necessary in the opinion of the Municipality for certain areas where land use rights are governed through a process, other

than a land use scheme; the Municipality may for purposes of including such land use rights into a land use scheme

prepare an amendment scheme and incorporate it into the land use scheme.

(3) The provisions of sections 15 to 29apply, with the necessary changes, to the review or amendment of an

existing land use scheme.

CHAPTER 4

INSTITUTIONAL STRUCTURE FOR LAND USE MANAGEMENT DECISIONS

Part A: Division of Functions

31 Categories of applications for purposes of section 35(3) of Act

(1) The Council must, by resolution, categorise applications to be considered by the Land Development Officer

and applications to be referred to the Municipal Planning Tribunal.

(2) When categorising applications contemplated in subsection (1), the Council must take cognisance of the

aspects referred to in regulation 15(2) of the Regulations.

(3) If the Council does not categorise applications contemplated in subsection (1), regulation 15(1) of the

Regulations apply.

Part B: Land Development Officer

32 Designation and functions of Land Development Officer

(1) The Municipality must, in writing,determine that the incumbent of a particular post on the Municipality’s post

establishment is the Land Development Officer of the Municipality.

(2) The Land Development Officer must:

(a) assist the Municipality in the management of applications submitted to the Municipality;

(b) consider and determine categories of applications contemplated in section 31(1).

(3) The Land Development Officer may refer any application that he or she may decide in terms of section 31, to

the Municipal Planning Tribunal.

Part C: Establishment of Municipal Planning Tribunal for Local Municipal Area

33 Establishment of Municipal Planning Tribunal for local municipal area

Subject to the provisions of Part D and E of this Chapter, the Municipal Planning Tribunal is hereby established for

the municipal area in compliance with section 35 of the Act.

34 Composition of Municipal Planning Tribunal for local municipal area

(1) The Municipal Planning Tribunal consists of between 5 and 16 members of whichthree members must be in

the full-time service of the Municipality and the remaining members must be appointed from the following:

(a) a person who isregistered as a professional planner with the South African Council for the Planning

Profession in terms of the Planning Profession Act, 2002 (Act No. 36 of 2002);

(b) a person who is  registered as a professional with the Engineering Council of South Africa in terms of

the Engineering Profession Act, 2000 (Act No. 46 of 2000);

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(c) a person with financial experience relevant to land development and land use and who is registered

with a recognised voluntary association or registered in terms of the Auditing Profession Act, 2005 (Act

No. 26 of 2005);

(d) a person who is either admitted as an attorney in terms of the Attorneys Act, 1979 (Act No. 53 of 1979)

or admitted as advocate of the Supreme Court in terms of the Admission of Advocates Act, 1964 (Act

No. 74 of 1964);

(e) a person who is registered as a professional land surveyor in terms of the Professional and Technical

Surveyors' Act, 1984 (Act No. 40 of 1984), or a geomatics professional in the branch of land surveying

in terms of the Geomatics Profession Act, 2013 (Act No. 19 of 2013);

(f) a person who is registered as an environmental assessment practitioner with a relevant professional

body; and

(g) any other person who has knowledge and experience of spatial planning, land use management and

land development or the law related thereto.

(2) The persons in the full-time service of the Municipality referred to in subsection (1)must have at least three

years’ experience in the field in which they are performing their services.

(3) The persons referred to in subsection (1)(a) to (g) must –

(a) demonstrate knowledge of spatial planning, land use management and land development of the law

related thereto;

(b) have at least five years’ practical experience in the discipline within which they are registered or in the

case of a person referred to in subsection (1)(g) in the discipline in which he or she is practising;

(c) demonstrate leadership in his or her profession or vocation or in community organisations.

35 Nomination procedure

(1) The Municipality must -(a)  in the case of the first appointment of members to the Municipal Planning Tribunal, invite and call for

nominations as contemplated in Part B of Chapter 2 of the Regulations as soon as possible after the

approval of the Regulations by the Minister; and

(b) in the case of the subsequent appointment of members to the Municipal Planning Tribunal, 90 days

before the expiry of the term of office of the members serving on the Municipal Planning Tribunal,

invite and call for nominations as contemplated in Part B of the Regulations.

(2) The invitation to the organs of state and non-governmental organisations contemplated in regulation 3(2)(a) of

the Regulations must be addressed to the organs of state and non-governmental organisations and must be in the form

contemplated in Schedule 1 together with any other information deemed necessary by the Municipality.

(3) The call for nominations to persons in their individual capacity contemplated in regulation 3(2)(b) of the

Regulations must be in the form contemplated in Schedule 2 and–

(a) must be published in one local newspaper that is circulated in the municipal area of the Municipality in

two official languages determined by the Council, having regard to language preferences and usage

within its municipal area, as contemplated in section 21 of the Municipal Systems Act;

(b) may be submitted to the various professional bodies which registers persons referred to in section

34(1) with a request to distribute the call for nominations to their members and to advertise it on their

respective websites;

(c) may advertise the call for nominations on the municipal website; and

(d) utilise any other method and media it deems necessary to advertise the call for nominations.

36 Submission of nomination

(1) The nomination must be in writing and be addressed to the Municipal Manager.

(2) The nomination must consist of –

(a) the completed declaration contained in the form contemplated in Schedule 2  and all pertinent

information must be provided within the space provided on the form;

(b) the completed declaration of interest form contemplated in Schedule 3;

(c) the motivation by the nominator contemplated in subsection (3)(a); and

(d) thesummarised curriculum vitae of the nominee contemplated in subsection (3)(b).

(3) In addition to the requirements for the call for nominations contemplated in regulation 3(6) of the Regulations,

the nomination must request –

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(a) a motivation by the nominator for the appointment of the nominee to the Municipal Planning Tribunal

which motivation must not be less than 50 words or more than 250 words; and

(b) asummarised curriculum vitae of the nominee not exceeding two A4 pages.

37 Initial screening of nomination by Municipality

(1) After the expiry date for nominations the Municipality must screen all of the nominations received by it to

determine whether the nominations comply with the provisions of section 35.

(2) The nominations that are incomplete or do not comply with the provisions of section 35 must be rejected by

the Municipality.

(3) Every nomination that is complete and that complies with the provisions of section 35 must be subjected to

verification by the Municipality.

(4) If, after the verification of the information by the Municipality, the nominee is ineligible for appointment due to

the fact that he or she –

(a) was not duly nominated;

(b) is disqualified from appointment as contemplated in section 38 of the Act;

(c) does not possess the knowledge or experience as required in terms of section 34(3); or

(d) is not registered with the professional councils or voluntary bodies contemplated in section 34(1), if

applicable,

the nomination must be rejected and must not be considered by the evaluation panel contemplated in section 38.

(5) Every nomination that has been verified by the Municipality and the nominee  found to be  eligible for

appointment to the Municipal Planning Tribunal,must be considered by the evaluation panel contemplated in section 38.

(6) The screening and verification process contained in this section must be completed within 30 days from the

expiry date for nominations.

38 Evaluation panel

(1) The evaluation panel contemplated in regulation 3(1)(g) read with regulation 3(11) of the Regulations,

consists of five officials in the employ of the Municipality appointed by the Municipal Manager.

(2) The evaluation panel must evaluate all nominations within 30 days of receipt of the verified nominations and

must submit a report with their recommendations to the Council for consideration.

39 Appointment of members to Municipal Planning Tribunal by Council

(1) Upon receipt of the report, the Council must consider the recommendations made by the evaluation panel and

thereafter appoint the members to the Municipal Planning Tribunal.

(2) After appointment of the members to the Municipal Planning Tribunal, the Council must designate a

chairperson from the officials referred to in section 34(1)and a deputy chairperson from the members so appointed.

(3) The Municipal Manager must, in writing, notify the members of their appointment to the Municipal Planning

Tribunal and, in addition, to the two members who are designated as chairperson and deputy chairperson, indicate that

they have been appointed as such.

(4) The Municipal Manager must, when he or she publishes the notice of the commencement date of the

operations of the first Municipal Planning Tribunal contemplated in section 44, publish the names of the members of the

Municipal Planning Tribunal and their term office in the same notice.

40 Term of office and conditions of service of members of Municipal Planning Tribunal for municipal area

(1) A member of the Municipal Planning Tribunal appointed in terms of this Chapter is appointed for a term of five

years, which is renewable once for a further period of five years.

(2) The office of a member becomes vacant if that member -(a)  is absent from two consecutive meetings of the Municipal Planning Tribunal without the leave of the

chairperson of the Municipal Planning Tribunal;

(b) tenders his or her resignation in writing to the chairperson of the Municipal Planning Tribunal;

(c) is removed from the Municipal Planning Tribunal under subsection (3); or

(d) dies.

(3) The Council may remove a member of the Municipal Planning Tribunal if -(a)  sufficient reasons exist for his or her removal;

(b) a member contravenes the code of conduct contemplated in Schedule 4;

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(c) a member becomes subject to a disqualification as contemplated in section 38(1) of the Act.

after giving the member an opportunity to be heard.

(4) A person in the full-time service of the Municipality contemplated in section34(1) who serves on the Municipal

Planning Tribunal –

(a) may only serve as member of the Municipal Planning Tribunal for as long as he or she is in the fulltime service of the municipality;

(b) is bound by the conditions of service determined in his or her contract of employment and is not

entitled to additional remuneration, allowances, leave or sick leave or any other employee benefit as a

result of his or her membership on the Municipal Planning Tribunal;

(c) who is found guilty of misconduct under the collective agreement applicable to employees of the

Municipality must immediately be disqualified from serving on the Municipal Planning Tribunal.

(5) A person appointed by the Municipality in terms of section 34(1)(a) to (g) to the Municipal Planning Tribunal -

(a) is not an employee on the staff establishment of the Municipality;

(b) if that person is an employee of an organ of state as contemplated in regulation 3(2)(a) of the

Regulations, is bound by the conditions of service determined in his or her contract of employment and

is not entitled to additional remuneration, allowances, leave or sick leave or any other employee

benefit as a result of his or her membership on the Municipal Planning Tribunal;

(c) performs the specific tasks allocated by the chairperson of the Municipal Planning Tribunal to him or

her for a decision hearing of the Municipal Planning Tribunal ;

(d) sits at such meetings of the Municipal Planning Tribunal that requires his or her relevant knowledge

and experience as determined by the chairperson of the Municipal Planning Tribunal;

(e) in the case of a person referred to in regulation 3(2)(b) of the Regulations is entitled to a seating and

travel allowance for each meeting of the Municipal Planning Tribunal that he or she sits on determined

annually by the municipality in accordance with the Act;

(f) is not entitled to paid overtime, annual leave, sick leave, maternity leave, family responsibility leave,

study leave, special leave, performance bonus, medical scheme contribution by municipality, pension,

motor vehicle or any other benefit which a municipal employee is entitled to.

(6) All members of the Municipal Planning Tribunal must sign the Code of Conduct contained in Schedule 4

before taking up a seat on the Municipal Planning Tribunal.

(7) All members serving on the Municipal Planning Tribunal must adhere to ethics adopted and applied by the

Municipality and must conduct themselves in a manner that will not bring the name of the Municipality into disrepute.

(8) The members of the Municipal Planning Tribunal, in the execution of their duties,must comply with the

provisions of the Act, provincial legislation, this By-law and the Promotion of Administrative Justice Act, 2000 (Act No. 3 of

2000).

41 Vacancy and increase of number of members of Municipal Planning Tribunal

(1) A vacancy on the Municipal Planning Tribunal must be filled by the Council in terms of section34.

(2) A member who is appointed by virtue of subsection (1) in a vacant seat holds office for the unexpired portion

of the period for which the member he or she replaces was appointed.

(3) The Municipality may, during an existing term of office of the Municipal Planning Tribunal and after a review of

the operations of the Municipal Planning Tribunal, increase the number of members appointed in terms of this Part and in

appointing such additional members, it must adhere to the provisions of sections 34 to 39.

(4) In appointing such additional members the Municipality must ensure that the total number of members of the

Municipal Planning Tribunal does not exceed 16 members as contemplated in section 34.

(5) A member who is appointed by virtue of subsection (3) holds office for the unexpired portion of the period that

the current members of the Municipal Planning Tribunal hold office.

42 Proceedings of Municipal Planning Tribunal for municipal area

(1) The Municipal Planning Tribunal must operate in accordance with the operational procedures determined by

the Municipality.

(2) A quorum for a meeting of the Municipal Planning Tribunal or its committees is a majority of the members

appointed for that decision meeting and present at that decision meeting.

(3) Decisions of the Municipal Planning Tribunal are taken by resolution of a majority of all the members present

at a meeting of Municipal Planning Tribunal, and in the event of an equality of votes on any matter, the person presiding at

the meeting in question will have a deciding vote in addition to his or her deliberative vote as a member of the Municipal

Planning Tribunal.

(4) Meetings of the Municipal Planning Tribunal must be held at the times and places determined by the

chairperson of the Municipal Planning Tribunal in accordance with the operational procedures of the Municipal Planning

Tribunal but meetings must be held at least once per month, if there are applications to consider.

(5) The chairperson may arrange multiple Municipal Planning Tribunal meetings on the same day constituted

from different members of the Municipal Planning Tribunal and must designate a presiding officer for each of the meetings.

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(6) If an employee of the Municipality makes a recommendation to the Municipal Planning Tribunal regarding an

application, that employee may not sit as a member of the Municipal Planning Tribunal while that application is being

considered and determined by the Municipal Planning Tribunal but such employee may serve as a technical adviser to the

Municipal Planning Tribunal.

43 Tribunal of record

(1) The Municipal Planning Tribunal is a Tribunal of record and must record all proceedings, but is not obliged to

provide the in -committee discussions to any member of the public or any person or body.

(2) The Municipality must make the record of the Municipal Planning Tribunal available to any person upon request

and payment of the fee approved by the Council and in accordance with the provisions of its Promotion of Access to

Information By-Law or policy, if applicable.

44 Commencement date of operations of Municipal Planning Tribunal for local municipal area

(1) The Municipal Manager must within 30 days of the first appointment of members to the Municipal Planning

Tribunal -

(a) obtain written confirmation from the Council that it is satisfied that the Municipal Planning Tribunal is in

a position to commence its operations; and

(b) after receipt of the confirmation referred to in paragraph (a) publish a notice in the Provincial Gazette

of the date that the Municipal Planning Tribunal will commence with its operation together with the

information contemplated in section 39(4).

(2) The Municipal Planning Tribunal may only commence its operations after publication of the notice

contemplated in subsection (1).

Part D: Establishment of Joint Municipal Planning Tribunal

45 Agreement to establish joint Municipal Planning Tribunal

(1) If the Municipality decides to establish a joint Municipal Planning Tribunal, it must, as soon as possible,

commence discussions with the other Municipalities that have indicated that they would be party to a joint Municipal

Planning Tribunal.

(2) The parties to the discussion contemplated in subsection (1) must, as soon as practicable, conclude an

agreement that complies with the requirements of the Act.

(3) The Municipality must, within 30 days after signing the agreement, publish the agreement as contemplated in

section 34(3) of the Act.

46 Composition of joint Municipal Planning Tribunal

(1) If ajoint Municipal Planning Tribunal is established it must consist of -

(a) at least one official of each participating municipality in the full-time service of the participating

municipalities; and

(b) personsreferred to in section 34(1)(a) to (g).

(2) No municipal councillor of a participating municipality may be appointed as a member of a joint Municipal

Planning Tribunal.

47 Status of decision of joint Municipal Planning Tribunal

A decision of a joint Municipal Planning Tribunal is binding on both the applicant and the Municipality in whose area

of jurisdiction the land relating to the application is located as if that decision was taken by a Municipal Planning Tribunal

for a local municipal area.

48 Applicability of Part C, F and G to joint Municipal Planning Tribunal

The provisions of Part C, Part F and G apply, with the necessary changes, to a joint Municipal Planning Tribunal.

Part E: Establishment of District Municipal Planning Tribunal

49 Agreement to establish district Municipal Planning Tribunal

(1) If requested by a district municipality , the Municipality decides to establish a district Municipal Planning

Tribunal, it must, as soon as possible, commence discussions with the other Municipalities in the district and conclude the

necessary agreement that complies with the requirements of the Act.

(2) The Municipality must, within 30 days after signing the agreement, publish the agreement as contemplated in

section 34(3) of the Act.

50 Composition of district Municipal Planning Tribunals

(1) A district Municipal Planning Tribunal must consist of -

(a) at least three officials of each participating municipality in the full-time service of the municipalities;

and

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(b) personsreferred to in section 34(1)(a) to (g).

(2) No municipal councillor of a participating municipality may be appointed as a member of a district

Municipal Planning Tribunal.

51 Status of decision of district Municipal Planning Tribunal

A decision of a district Municipal Planning Tribunal is binding on both the applicant and the Municipality in whose

area of jurisdiction the land relating to the application is located as if that decision was taken by a Municipal Planning

Tribunal for a local municipal area.

52 Applicability of Part C, F and G to district Municipal Planning Tribunal

The provisions of Part C, Part F and Part G apply, with the necessary changes, to a joint Municipal Planning

Tribunal.

Part F: Decisions of Municipal Planning Tribunal

53 General criteria for consideration and determination of application by Municipal Planning Tribunal or Land

Development Officer

(1) When the Municipal Planning Tribunal or Land Development Officer considers an application submitted in

terms of this By-Law, it, he or she must have regard to the following:

(a) the application submitted in terms of this By-law;

(b) the procedure followed in processing the application;

(c) the desirability of the proposed utilisation of land and any guidelines issued by the Member of the

Executive Council regarding proposed land uses;

(d) the comments in response to the notice of the application and the comments received from organs of

state and internal departments;

(e) the response by the applicant to the comments referred to in paragraph (d);

(f) investigations carried out in terms of other laws which are relevant to the consideration of the

application;

(g) a written assessment by a professional planner as defined in section 1 of the Planning Profession Act,

2002, in respect of land development applications to be considered and determined by the Municipal

Planning Tribunal;

(h) the integrated development plan and municipal spatial development framework;

(i) the applicable local spatial development frameworks adopted by the Municipality;

(j) the applicable structure plans;

(k) the applicable policies of the Municipality that guide decision-making;

(l) the provincial spatial development framework;

(m) where applicable, the regional spatial development framework;

(n) the policies, principles, planning and development norms and criteria set by national and provincial

government;

(o) the matters referred to in section 42 of the Act;

(p) the relevant provisions of the land use scheme.

(2)   The Municipality must approve a site development plan submitted to it for approval in terms of applicable

development parameters or conditions of approval contemplated in section 54 if the site development plan -(a) is consistent with the development rules of the zoning;

(b) is consistent with the development rules of the overlay zone;

(c) complies with the conditions of approval contemplated in section 54; and

(d) complies with this By-law.

(3) When a site development plan is required in terms of development parameters or conditions of approval

contemplated in section 54 -(a) theMunicipality must not approve a building plan if the site development plan has not been approved;

and

(b) theMunicipality must not approve a building plan that is inconsistent with the approved site

development plan.

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(4) The written assessment of a professional planner contemplated in subsection (1)(g) must include such

registered planner’s evaluation of the proposal confirming that the application complies withthe procedures required by this

By-law, the spatial development framework, the land use scheme; applicable policies and guidelines; or if the application

does not comply, state to what extent the application does not comply.

54 Conditions of approval

(1) When the Municipal Planning Tribunal or Land Development Officer approves an application subject to

conditions, the conditions must be reasonable conditions and must arise from the approval of the proposed utilisation of

land.

(2) Conditions imposed in accordance with subsection (1) may include conditions relating to—

(a) the provision of engineering services and infrastructure;

(b) the cession of land or the payment of money;

(c) the provision of land needed for public places or the payment of money in lieu of the provision of land

for that purpose;

(d) the extent of land to be ceded to the Municipality for the purpose of a public open space or road as

determined in accordance with a policy adopted by the Municipality;

(e) settlement restructuring;

(f) agricultural or heritage resource conservation;

(g) biodiversity conservation and management;

(h) the provision of housing with the assistance of a state subsidy, social facilities or social infrastructure;

(i) energy efficiency;

(j) requirements aimed at addressing climate change;

(k) the establishment of an owners’ association in respect of the approval of a subdivision;

(l) the provision of land needed by other organs of state;

(m) the endorsement in terms of section 31 of the Deeds Registries Act in respect of public places where

the ownership thereof vests in the municipality or the registration of public places in the name of the

municipality, and the transfer of ownership to the municipality of land needed for other public purposes;

(n) the implementation of a subdivision in phases;

(o) requirements of other organs of state;

(p) the submission of a construction management plan to manage the impact of a new building on the

surrounding properties or on the environment;

(q) agreements to be entered into in respect of certain conditions;

(r) the phasing of a development, including lapsing clauses relating to such phasing;

(s) the delimitation of development parameters or land uses that are set for a particular zoning;

(t) the setting of validity periods, if the Municipality determined a shorter validity period as contemplated in

this By-law;

(u) the setting of dates by which particular conditions must be met;

(v) the circumstances under which certain land uses will lapse;

(w) requirements relating to engineering services as contemplated in Chapter 7;

(x) requirements for an occasional use that must specifically include –

(i) parking and the number of ablution facilities required;

(ii) maximum duration or occurrence of the occasional use; and

(iii)         

   parameters relating to a consent use in terms of the land use scheme.

(3) If a Municipal Planning Tribunal or Land Development Officer imposes a condition contemplated in subsection

(2)(a), an engineering services agreement must be concluded between the Municipality and the owner of the land

concerned before the construction of infrastructure commences on the land.

(4) A condition contemplated in subsection (2)(b) may require only a proportional contribution to municipal public

expenditure according to the normal need therefor arising from the approval, as determined by the Municipality in

accordance with norms and standards, as may be prescribed.

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(5) Municipal public expenditure contemplated in subsection (4) includes but is not limited to municipal public

expenditure for municipal service infrastructure and amenities relating to—

(a) community facilities, including play equipment, street furniture, crèches, clinics, sports fields, indoor

sports facilities or community halls;

(b) conservation purposes;

(c) energy conservation;

(d) climate change; or

(e) engineering services.

(6) Except for land needed for public places or internal engineering services, any additional land required by the

municipality or other organs of state arising from an approved subdivision must be acquired subject to applicable laws that

provide for the acquisition or expropriation of land.

(7) A Municipal Planning Tribunal or Land Development Officer must not approve a land development or land use

application subject to a condition that approval in terms of other legislation is required.

(8) Conditions which require a standard to be met must specifically refer to an approved or published standard.

(9) No conditions may be imposed which affect a third party or which are reliant on a third party for fulfilment.

(10) If the Municipal Planning Tribunal  or Land Development Officer approves a land development or use

application subject to conditions, it must specify which conditions must be complied with before the sale, development or

transfer of the land.

(11) The Municipal Planning Tribunalor Land Development Officer may, on its, his or her  own initiative or on

application, amend, delete or impose additional conditions after due notice to the owner and any persons whose rights

may be affected.

(11) After the applicant has been notified that his or her application has been approved, the Municipal Planning

Tribunal or Land Development Officer or at the applicant’s request may, after consultation with the applicant, amend or

delete any condition imposed in terms of this section or add any further condition, provided that if the amendment is in the

opinion of the Municipal Planning Tribunal or Land Development Officer so material as to constitute a new application, the

Municipal Planning Tribunal or Land Development Officer may not exercise its, his or her powers in terms hereof and must

require the applicant to submit an amended or new application and in the sole discretion of the Municipal Planning

Tribunal or Land Development Officer to re-advertise the application in accordance with section107.

55 Reference to Municipal Planning Tribunal

Any reference to a Municipal Planning Tribunal in this Part is deemed to be a reference to a joint Municipal Planning

Tribunal or a district Municipal Planning Tribunal.

Part G: Administrative Arrangements

56 Administrator for Municipal Planning Tribunal

(1) The Municipal Manager must designate an employee as the administrator for the Municipal Planning Tribunal.

(2) The person referred to in subsection (1) must—

(a) liaise with the relevant Municipal Planning Tribunal members and the parties in relation  to any

application or other proceedings filed with the Municipality;

(b) maintain a diary of hearings of the Municipal Planning Tribunal;

(c) allocate meeting dates and application numbers to applications;

(d) arrange the attendance of meetings by members of the Municipal Planning Tribunal;

(e) arrange venues for Municipal Planning Tribunal meetings;

(f) administer the proceedings of the Municipal Planning Tribunal;

(g) perform the administrative functions in connection with the proceedings of the Municipal Planning

Tribunal;

(h) ensure the efficient administration of the proceedings of the Municipal Planning Tribunal, in

accordance with the directions of the chairperson of the Municipal Planning Tribunal;

(i) arrange the affairs of the Municipal Planning Tribunal so as to ensure that time is available to liaise

with other authorities regarding the alignment of integrated applications and authorisations;

(j) notify parties of orders and directives given by the Municipal Planning Tribunal;

(k) keep a record of all applications submitted to the Municipal Planning Tribunal and the outcome of

each, including—

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(i) decisions of the Municipal Planning Tribunal;

(ii) on-site inspections and any matter recorded as a result thereof;

(iii) reasons for decisions; and

(iv) proceedings of the Municipal Planning Tribunal; and

(l) keep records by any means as the Municipal Planning Tribunal may deem expedient.

CHAPTER 5

DEVELOPMENT MANAGEMENT

Part A: Types of Applications

57 Types of applications

A person may make application for the following in terms of this By-Law –

(a) establishment of a township or the extension of the boundaries of a township;

(b) division or phasing of a township;

(c) amendment or cancellation in whole or in part of a general plan of a township;

(d) amendment of an existing scheme or land use scheme by the rezoning of land, including rezoning to

an overlay zone;

(e) removal, amendment or suspension of a restrictive or obsolete condition, servitude or reservation

registered against the title of the land;

(f) subdivision of land;

(g) consolidation of land;

(h) amendment or cancellation of a subdivision plan;

(i) permanent closure of any public place;

(j) consent use;

(k) development on communal land that will have a high impact on the traditional community concerned;

(l) permanent or temporary departure from land use scheme

(m) extension of the period of validity of an approval;

(n) exemption of a subdivision from the need for approval in terms of this By-Law as contemplated in

section75;

(o) determination of a zoning;

(p) amendment, deletion or addition of conditions in respect of an existing approval granted or deemed to

be granted in terms of section 53(11);

(q) approval of the constitution of an owners’ association or an amendment of the constitution of the

owners’ association;

(r) any other application provided for in this By-Law;

(s) any other application which the Council may determine in terms of this By-Law.

(t) any combination of the applications referred to in this section submitted simultaneously as one

application.

58 Application for land development required

(1) No person may commence with, carry on or cause the commencement with or carrying on of land

development which is not permitted in the land use scheme.

(2) When an applicant or owner exercises a use right granted in terms of an approval he or she must comply with

the conditions of the approval and the applicable provisions of the land use scheme.

(3) In addition to the provisions of this Chapter, the provisions of Chapter 6 apply to any application submitted to

the Municipality in terms of this Chapter.

(4) Any reference to the Municipality in this Chapter includes a reference to the Municipal Planning Tribunal and

the Land Development Officer, as the case may be.

Part B: Establishment of Township or Extension of Boundaries of Township

59 Application for establishment of township

(1) An applicant who wishes to establish a township on land or for the extension of the boundaries of an

approved township must applyto the Municipality for the establishment of a township or for the extension of the boundaries

of an approved township in the manner provided for in Chapter 6.

(2) The Municipality must,in approving an application for township establishment, set out:

(a) the conditions of approval contemplated in section 54 in a statement of conditions in the form approved

by the Council;

(b) the statement of conditions which conditions shall be known as conditions of establishment for the

township; and

(c) the statement of conditions must, in the opinion of the Municipality, substantially be in accordance with

this By-law.

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(3) The statement of conditions must, read with directives that may be issued by the Registrar of Deeds, contain

the following:

(a) Specify those conditions that must be complied with prior to the opening of a township register for the

township with the Registrar of Deeds;

(b) the conditions of establishment relating to the township that must remain applicable to the township;

(c) conditions of title to be incorporated into the title deeds of the erven to be created for purposes of the

township;

(d) third party conditions as required by the Registrar of Deeds;

(e) the conditions to be incorporated into the land use scheme by means of an amendment scheme.

(f) if a non-profit company is to be established for purposes of maintaining or transfer of erven within the

township to them the conditions that must apply;

(g) any other conditions and or obligation on the township owner, which in the opinion of the Municipality

deemed necessary for the proper establishment, execution and implementation of the township.

(4) After the applicant has been notified that his or her application has been approved, the Municipality or at the

applicant’s request may, after consultation with the applicant, amend or delete any condition imposed in terms of

subsection (6) or add any further condition,provided that if the amendment is in the opinion of the Municipality so material

as to constitute a new application, the Municipality must not exercise its powers in terms hereof and must require the

applicant to submit an amended or new application and in the sole discretion of the Municipality to re-advertise the

application in accordance with section107.

(5) After the applicant has been notified that his or her application has been approved, the Municipality or at the

applicant’s request may, after consultation with the applicant and the Surveyor General, amend the layout of the township

approved as part of the township establishment:Provided that if the amendment is in the opinion of the Municipality so

material as to constitute a new application, the Municipality must not exercise its powers in terms hereof and require the

applicant to submit an amended or new application in the opinion of the Municipality and re-advertise the application in the

sole discretion of the Municipality in accordance with section 107.

(6) Without detracting from the provisions of subsection (5) and (6) the Municipality may require the applicant or

the applicant of his or her own accord, amend both the conditions and the layout plan of the township establishment

application as contemplated therein.

60 Division or phasing of township

(1) An applicant who has been notified in terms of section115 that his or her application has been approved may,

within the period permitted by the Municipality, apply to the Municipality for the division of the township into two or more

separate townships.

(2) On receipt of an application in terms of subsection (1) the Municipality must consider the application and may

for purposes of the consideration of the application require the applicant to indicate whether the necessary documents

were lodged with the Surveyor-General or provide proof that he or she consulted with the Surveyor General.

(3) Where the Municipality approves an application it may impose any condition it may deem expedient and must

notify the applicant in writing thereof and of any conditions imposed.

(4) The applicant must, within a period of 3 months or such further period as the Municipality may allow from the

date of the notice contemplated in subsection (3), submit to the Municipality such plans, diagrams or other documents and

furnish such information as may be required in respect of each separate township.

(5) On receipt of the documents or information contemplated in subsection (4) the Municipality must notify the

Surveyor-General, and the registrar in writing of the approval of the application and such notice must be accompanied by

a copy of the plan of each separate township.

61 Lodging of layout plan for approval with the Surveyor-General.

(1) An applicant who has been notified in terms of section 115 that his or her application has been approved,

must, within a period of 12 months from the date of such notice, or such further period as the Municipality may allow which

period may not be longer than five years, lodge for approval with the Surveyor-General such plans, diagrams or other

documents as the Surveyor-General may require, and if the applicant fails to do so the application lapses.

(2) For purposes of subsection (1), the Municipality must provide to the applicant a final schedule as

contemplated in section 59(2) and (3) of the conditions of establishment together with a stamped and approved layout

plan.

(3) The Municipality must for purposes of lodging the documents contemplated in subsection (1) determine street

names and numbers on the layout plan.

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(4) Where the applicant fails, within a reasonable time as may be determined by the Municipality after he or she

has lodged the plans, diagrams or other documents contemplated in subsection (1), to comply with any requirement the

Surveyor-General may lawfully determine, the Surveyor-General must notify the Municipality that he or she is satisfied,

after hearing the applicant, that the applicant has failed to comply with any such requirement without sound reason, and

thereupon the approval lapses.

(5) After an applicant has been notified that his or her application has been approved, the municipality may:

(a) where the documents contemplated in subsection (1) have not yet been lodged with the Surveyor

General;

(b) where the documents contemplated in subsection (1) have been lodged with the Surveyor General,

after consultation with the Surveyor General,

consent to the amendment of such documents, unless the amendment is, in its opinion, so material as to constitute a new

application for the establishment of a township.

62 Compliance with pre-proclamation conditions of approval

(1) The applicant must provide proof to the satisfaction of the Municipality within the timeframes as prescribed in

terms of this By-law, that all conditions contained in the schedule to the approval of a township establishment application

have been complied with.

(2) The Municipality must certify that all the conditions that have to be complied with by the applicant or owner as

contemplated in section59(2) and (3) have been complied with including the provision of guarantees and payment of

monies that may be required.

(3) The Municipality must at the same time notify the Registrar of Deeds and Surveyor General of the certification

by the Municipality in terms of subsection (2).

(4) The Municipality may agree to an extension of time as contemplated in subsection(1), after receiving a written

application from the applicant for an extension of time: Provided that such application provides motivation for the extension

of time.

63 Opening of Township Register

(1) The applicant must lodge with the Registrar of Deeds the plans and diagrams contemplated in section61 as

approved by the Surveyor-General together with the relative title deeds for endorsement or registration, as the case may

be.

(2) For purposes of subsection (1) the Registrar must not accept such documents for endorsement or registration

until such time as the Municipality has certified that the applicant has complied with such conditions as the Municipality

may require to be fulfilled in terms of section59(3).

(3) The plans, diagrams and title deeds contemplated in subsection (1) and certification contemplated in

subsection (2) must be lodged within a period of 12 months from the date of the approval of such plans and diagrams, or

such further period as the Municipality may allow.

(4) If the applicant fails to comply with the provisions of subsections (1), (2) and (3), the application lapses.

(5) Having endorsed or registered the title deeds contemplated in subsection (1), the Registrar must notify the

Municipality forthwith of such endorsement or registration, and thereafter the Registrar must not register any further

transactions in respect of any land situated in the township until such time as the township is declared an approved

township in terms of section64.

64 Proclamation of approved township.

Upon compliance with sections59, 60, 61 and 62the approval of the Municipality is confirmed and cannot lapse and

the Municipality or the applicant, if authorised in writing by the Municipality, must, by notice in the Provincial Gazette,

declare the township an approved township and it must, in an annexure to such notice, set out the conditions on which the

township is declared an approved township.

65 Prohibition of certain contracts and options

(1) After an owner of land has taken steps to establish a township on his or her land, no person is permitted to -

(a) enter into any contract for the sale, exchange or alienation or disposal in any other manner of an erf in

that township;

(b) grant an option to purchase or otherwise acquire an erf in that township,

until such time as the township is declared an approved township, provided that the provisions of this subsectionmust not

be construed as prohibiting any person from purchasing land on which he or she wishes to establish a township subject to

a condition that upon the declaration of the township as an approved township, one or more of the erven therein will be

transferred to the purchaser.

(2) Any contract entered into in conflict with the provisions of subsection (1) shall be of no force and effect.

(3) For the purposes of subsection (1) -

(a) “steps” includes steps preceding an application; and

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(b) “any contract” includes a contract which is subject to any condition, including a suspensive condition.

Part C: Rezoning of land

66 Application for amendment of aland use scheme by rezoning of land

(1) An applicant, who wishes to rezone land, must apply to the Municipality for the rezoning of the land in the

manner provided for in Chapter 6.

(2) A rezoning approval lapses after a period of five years, or a shorter period as the Municipality may determine,

from the date of approval or the date that the approval comes into operation if, within that five year period or shorter

period—

(a) the conditions of approval contemplated in section 54 have not been met; and

(b) the development charges referred to in Chapter 7 have not been paid or paid in  the agreed

instalments.

(3) An applicant may, prior to the lapsing of an approval, apply for an extension of the period contemplated in

subsection(2).

(4) If the Municipality grants approval for a period shorter than five years as contemplated in subsection (2), it

may grant an extension to that period which period together with any extension that the Municipality grants, may not

exceed 5years.

(5) Upon compliance with subsection 2(a) and (b), the approval of the rezoning is confirmed and cannot lapse

and the Municipality or the applicant, if authorised in writing by the Municipality, must cause notice to be published in the

Provincial Gazette of the amendment of the land use scheme and it comes into operation on the date of publication of the

notice.

(6) If a rezoning approval lapses, the zoning applicable to the land prior to the approval of the rezoning applies, or

where no zoning existed prior to the approval of the rezoning, the Municipality must determine a zoning as contemplated

in section 187.

Part D: Removal, Amendment or Suspension of a Restrictive or Obsolete Condition, Servitude or Reservation

Registered Against the Title of the Land

67 Requirements for amendment, suspension or removal of restrictive conditions or obsolete condition,

servitude or reservation registered against the title of the land

(1) The Municipality may, of its own accord or on application by notice in the Provincial Gazetteamend, suspend

or remove, either permanently or for a period specified in the notice and either unconditionally or subject to any condition

so specified, any restrictive condition.

(2) An applicant who wishes to have a restrictive condition amended, suspended or removed must apply to the

municipality for the amendment, suspension or removal of the restrictive condition in the manner provided for in Chapter 6.

(3) The Municipality must, in accordance with section 97, cause a notice of its intention to consider an application

under subsection (1) to be served on―

(a) all organs of state that may have an interest in the title deed restriction;

(b) every holder of a bond encumbering the land;

(c) a person whose rights or legitimate expectations will be materially and adversely affected by the

approval of the application; and

(d) all persons mentioned in the title deed for whose benefit the restrictive condition applies.

(4) When the Municipality considers the removal, suspension or amendment of a restrictive condition, the

Municipality must have regard to the following:

(a) the financial or other value of the rights in terms of the restrictive condition enjoyed by a person or

entity, irrespective of whether these rights are personal or vest in the person as the owner of a

dominant tenement;

(b) the personal benefits which accrue to the holder of rights in terms of the restrictive condition;

(c) the personal benefits which will accrue to the person seeking the removal of the restrictive condition, if

it is removed;

(d) the social benefit of the restrictive condition remaining in place in its existing form;

(e) the social benefit of the removal or amendment of the restrictive condition; and

(f) whether the removal, suspension or amendment of the restrictive condition will completely remove all

rights enjoyed by the beneficiary or only some of those rights.

68 Endorsements in connection with amendment, suspension or removal of restrictive conditions

(1) The applicant must, after the amendment, suspension or removal of a restrictive condition by notice in the

Provincial Gazetteas contemplated in section 67(1), submit the following to the Registrar of Deeds:

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(a) a copy of the original title deed;

(b) a copy of the original letter of approval; and

(c) a copy of the notification of the approval.

(2) The Registrar of Deeds and the Surveyor-General must, after the amendment, suspension or removal of a

restrictive condition by notice in the Provincial Gazette, as contemplated in section67(1), make the appropriate entries in

and endorsements on any relevant register, title deed, diagram or plan in their respective offices or submitted to them, as

may be necessary to reflect the effect of the amendment, suspension or removal of the restrictive condition.

Part E: Amendment or Cancellation in Whole or in Part of a General Plan of a Township

69 Notification of Surveyor General

(1) After the Municipality has approved or refused an application for the alteration, amendment or cancellation of

a general plan, the Municipality must forthwith notify the Surveyor-General in writing of the decision and, where the

application has been approved, state any conditions imposed.

(2) An applicant who has been notified that his or her application has been approved must, within a period of 12

months from the date of the notice, lodge with the Surveyor-General such plans, diagrams or other documents as the

Surveyor-General may deem necessary to effect the alteration, amendment or cancellation of the general plan, and if he

or she fails to do so the application lapses.

(3) Where the applicant fails, within a reasonable time after he or she has lodged the plans, diagrams or other

documents contemplated in subsection (2), to comply with any requirement the Surveyor-General may lawfully lay down,

the Surveyor-General must notify the Municipality accordingly, and where the Municipality is satisfied, after hearing the

applicant, that the applicant has failed to comply with any such requirement without sound reason, the Municipality must

notify the applicant, and thereupon the application lapses.

(4) After the Surveyor-General has, in terms of section 30(2) of the Land Survey Act, 1997, altered or amended

the general plan or has totally or partially cancelled it, he or she must notify the Municipality.

(5) On receipt of the notice contemplated in subsection (4) the Municipality must publish a notice in the Provincial

Gazette declaring that the general plan has been altered, amended or totally or partially cancelled and the Municipality

must, in a schedule to the latter notice, set out the conditions imposed or the amendment or deletion of any condition,

where applicable.

(6) The Municipality must provide the Registrar of Deeds with a copy of the notice in the Provincial Gazette and

schedule thereto contemplated in subsection (5).

70 Effect of amendment or cancellation of general plan

Upon the total or partial cancellation of the general plan of a township -(a) the township or part thereof ceases to exist as a township; and

(b) the ownership of any public place or street re-vests in the township owner.

Part F: Subdivision and Consolidation

71 Application for subdivision

(1) No person may subdivide land without the approval of the Municipality, unless the subdivision is exempted

under section75.

(2) An applicant who wishes to subdivide land must apply to the Municipality for the subdivision of land in the

manner provided for in Chapter 6.

(3) The Municipality must impose appropriate conditions relating to engineering services for an approval of a

subdivision.

(4) If a Municipality approves a subdivision, the applicant must submit a general plan or diagram to the SurveyorGeneral for approval, including proof to the satisfaction of the Surveyor-General of—

(a) the Municipality’s decision to approve the subdivision;

(b) the conditions of approval contemplated in subsection (3) and section54; and

(c) the approved subdivision plan.

(5) If the Municipality approves an application for a subdivision, the applicant must within a period of five years or

the shorter period as the Municipality may determine, from the date of approval of the subdivision or the date that the

approval comes into operation, comply with the following requirements:

(a) the approval by the Surveyor-General of the general plan or diagram contemplated in subsection (4);

(b) sign anengineering services agreement contemplated in section 124;

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(c) submit proof to the satisfaction of the Municipality that all relevant conditions contemplated in

section54 for the approved subdivision in respect of the area shown on the general plan or diagram

and that must be complied with before compliance with paragraph (d) have been met; and

(d) registration of the transfer of ownership in terms of the Deeds Registries Act of the land unit shown on

the diagram.

(6) A confirmation from the Municipality in terms of section 72(3) that all conditions of approval contemplated in

section 54 have been met, which is issued in error, does not absolve the applicant from complying with the obligations

imposed in terms of the conditions or otherwise complying with the conditions after confirmation of the subdivision.

72 Confirmation of subdivision

(1) Upon compliance with section 71(5), the subdivision or part thereof is confirmed and cannot lapse.

(2) Upon confirmation of a subdivision or part thereof, the zonings indicated on the approved subdivision plan as

confirmed cannot lapse.

(3) The Municipality must in writing confirm to the applicant or to any other person at his or her written request

that a subdivision or a part of a subdivision is confirmed, if the applicant has to the satisfaction of the Municipality

submitted proof of compliance with the requirements of section71(5) for the subdivision or part thereof.

(4) No building or structure may be constructed on a land unit forming part of an approved subdivision unless the

subdivision is confirmed or the Municipality approved the construction prior to the subdivision being confirmed.

73 Lapsing of subdivision and extension of validity periods

(1) An approved subdivision or a portion thereof lapses if the applicant does not comply with section71(5).

(2) An applicant may, prior to the lapsing of an approval, apply for an extension of the period referred to in section

71(5) in accordance with the provisions of section 113.

(3) If the Municipality grants approval for a period shorter than five years as contemplated in section 69(5), it may

grant an extension to that period which period together with any extension that the Municipality grants, may not exceed

5years.

(4) If, after the expiry of the extended period the requirements of section 71(5) have not been complied with, the

subdivision may lapse and subsection (6) applies.

(5) If only a portion of the general plan, contemplated in section 71(5)(a) complies with section71(5)(b) and (c), the

general plan must be withdrawn and a new general plan must be submitted to the Surveyor-General.

(6) If an approval of a subdivision or part thereof lapses under subsection (1) —

(a) the Municipality must—

(i)   amend the zoning map and, where applicable, the register accordingly; and

(ii) notify the Surveyor-General accordingly; and

(b) the Surveyor-General must endorse the records of the Surveyor-General’s office to reflect the

notification that the subdivision has lapsed.

74 Amendment or cancellation of subdivision plan

(1) The Municipality may approve the amendment or cancellation of a subdivision plan, including conditions of

approval contemplated in section 54, the general plan or diagram, in relation to land units shown on the general plan or

diagram of which no transfer has been registered in terms of the Deeds Registries Act.

(2) When the Municipality approves an application in terms of subsection (1), any public place that is no longer

required by virtue of the approval must be closed.

(3) The Municipality must notify the Surveyor-General of an approval in terms of subsection (1), and the

Surveyor-General must endorse the records of the Surveyor-General’s office to reflect the amendment or cancellation of

the subdivision.

(4) An approval of a subdivision in respect of which an amendment or cancellation is approved in terms of

subsection (1), remains valid for the remainder of the period contemplated in section71(5) applicable to the initial approval

of the subdivision, calculated from the date of approval of the amendment or cancellation in terms of subsection (1).

75 Exemption of subdivisions and consolidations

(1) The subdivision or consolidation of land in the following circumstances does not require the approval of the

Municipality:

(a) if the subdivision or consolidation arises from the implementation of a court ruling;

(b) if the subdivision or consolidation arises from an expropriation; 

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(c) a minor amendment of the common boundary between two or more land units if the resulting change

in area of any of the land units is not more than 10 per cent;

(d) the registration of a servitude or lease agreement for the provision or installation of—

(i) water pipelines, electricity transmission lines, sewer pipelines, gas pipelines or oil and

petroleum product pipelines by or on behalf of an organ of state or service provider;

(ii) telecommunication lines by or on behalf of a licensed telecommunications operator;

(iii) the imposition of height restrictions;

(e) the exclusive utilisation of land for agricultural purposes, if the utilisation—

(i) requires approval in terms of legislation regulating the subdivision of agricultural land; and

(ii) does not lead to urban expansion.

(f) the subdivision and consolidation of a closed public place with an abutting erf; and

(g) the granting of a right of habitation or usufruct;

(h) the subdivision of land for the purpose of the construction or alteration of roads or any other matter

related thereto;

(i) the subdivision of land in order to transfer ownership to a municipality or other organ of state;

(j) the subdivision of land in order to transfer ownership from a municipality or other organ of state,

excluding a subdivision for the purposes of alienation for development;

(k) the subdivision of land where the national or provincial government may require a survey, whether or

not the national or provincial government is the land-owner; and

(l) the subdivision of land in existing housing schemes in order to make private property ownership

possible.

(2) The Municipality must, in each case, certify in writing that the subdivision has been exempted from the provisions

of this Chapter and impose any condition it may deem necessary.

(3) The Municipality must indicate on the plan of subdivision that the subdivision has been exempted from the

provisions of sections71 to 74.

76 Services arising from subdivision

Subsequent to the granting of an application for subdivision in terms of this By-law the owner of any land unit

originating from the subdivision must―

(a) allow without compensation that the following be conveyed across his or her land unit in respect of

other land units:

(i) gas mains;

(ii) electricity cables;

(iii) telephone cables;

(iv) television cables;

(v) other electronic infrastructure;

(vi) main and other water pipes;

(vii) sewer lines;

(viii) storm water pipes; and

(ix) ditches and channels;

(b) allow the following on his or her land unit if considered necessary and in the manner and position as

may be reasonably required by the Municipality:

(i)   surface installations such as mini–substations;

(ii) meter kiosks; and

(iii) service pillars;

(c) allow access to the land unit at any reasonable time for the purpose of constructing, altering, removing

or inspecting any works referred to in paragraphs (a) and (b); and

(d) receive material or permit excavation on the land unit as may be required to allow use of the full width

of an abutting street and provide a safe and proper slope to its bank necessitated by differences

between the level of the street as finally constructed and the level of the land unit, unless he or she

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elects to build retaining walls to the satisfaction of and within a period to be determined by the

Municipality.

77 Consolidation of land units

(1) No person may consolidate land without the approval of the Municipality, unless the consolidation is

exempted under section75.

(2) A copy of the approval must accompany the diagram which is submitted to the Surveyor-General’s office.

(3) If the Municipality approves a consolidation, the applicant must submit a diagram to the Surveyor-General for

approval, including proof to the satisfaction of the Surveyor-General of—

(a) the decision to approve the subdivision;

(b) the conditions of approval contemplated in section54; and

(c) the approved consolidation plan.

(4) If the Municipality approves a consolidation, the Municipality must amend the zoning map and, where

applicable, the register accordingly.

78 Lapsing of consolidation and extension of validity periods

(1) If a consolidation of land units is approved but no consequent registration by the Registrar of Deeds takes

place within five years of the approval, the consolidation approval lapses, unless the consolidation of land units form part

of an application which has been approved for a longer period.

(2) An applicant may apply for an extension of the period to comply with subsection (1) and the granting of an

extension may not be unreasonably withheld.

(3) An extension contemplated in subsection (2) may be granted for a further period not exceeding five years and

if after the expiry of the extended period the requirements of subsection (1) have not been complied with, the consolidation

lapses and subsection (5) applies.

(4)   If the Municipality may grant extensions to the period contemplated in subsection (2), which period together

with any extensions that the Municipality grants, may not exceed 10 years.

(5) If an approval of a consolidation lapses under subsection (1) the Municipality must—

(a) amend the zoning map and, where applicable, the register accordingly; and

(b) notify the Surveyor-General accordingly; and

(c) the  Surveyor-General must endorse the records of the Surveyor-General’s office to reflect the

notification that the subdivision has lapsed.

Part G: Permanent Closure of Public Place

79 Closure of public place

(1) The Municipality may on own initiative or on application close a public place or any portion thereof in

accordance with the procedures in Chapter 6.

(2) An applicant who wishes to have a public place closed or a portion of a public place closed must apply to the

municipality for the closure of the public place or portion thereof in the manner provided for in Chapter 6.

(3) The ownership of the land comprised in any public place or portion thereof that is closed in terms of this

section continues to vest in the Municipality unless the Municipality determines otherwise.

(4) The municipal manager may, without complying with the provisions of this Chapter temporarily close a public

place—

(a) for the purpose of or pending the construction, reconstruction, maintenance or repair of the public

place;

(b) for the purpose of or pending the construction, erection, laying, extension, maintenance, repair or

demolition of any building, structure, works or service alongside, on, across, through, over or under the

public place;

(c) if the street or place is, in the opinion of the municipal manager, in a state dangerous to the public;

(d) by reason of any emergency or public event which, in the opinion of the municipal manager, requires

special measures for the control of traffic or special provision for the accommodation of crowds, or

(e) for any other reason which, in the opinion of the municipal manager, renders the temporary closing of

the public place necessary or desirable.

(5) The Municipality must notify the Surveyor-General of an approval in terms of subsection (1), and the

Surveyor-General must endorse the records of the Surveyor-General’s office to reflect the closure of the public place.

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Part H: Consent Use

80 Application for consent use

(1) An applicant may apply to the Municipality for a consent use provided for in the land use scheme in the

manner provided for in Chapter 6.

(2) Where the development parameters for the consent use that is being applied for are not defined in an

applicable land use scheme, the Municipality must determine the development parameters that apply to the consent use

as conditions of approval contemplated in section54.

(3) A consent use may be granted permanently or for a specified period of time in terms of conditions of approval

contemplated in section54.

(4) A consent use granted for a specified period of time contemplated in subsection (3) must not have the effect

of preventing the property from being utilised in the future for the primary uses permitted in terms of the zoning of the land.

(5) A consent use contemplated in subsection (1) lapses after a period of five years or the shorter period as the

Municipality may determine from the date that the approval comes into operation if, within that five year period or shorter

period -(a) the consent use is not utilised in accordance with the approval thereof; or

(b) the following requirements are not met:

(i) the approval by the Municipality of a building plan envisaged for the utilisation of the approved

use right; and

(ii) commencement with the construction of the building contemplated in subparagraph (i).

(6) The Municipality may grant extensions to the period contemplated in subsection (5) and the granting of an

extension may not be unreasonably withheld by the Municipality. , which period together with any extensions that the

Municipality grants, may not exceed 10 years.

Part I: Land Use on Communal Land

81 Application for development on or change to land use purpose of communal land

(1) An applicant who wishes to develop on or change the land use purpose of communal land located in the area

of a traditional council where such development will have a high impact on the community or such change requires

approval in terms of the land use scheme applicable to such area, must apply to the Municipality in the manner provided

for in Chapter 6.

(2) No application pertaining to land development on or change the land use purpose ofcommunal land may be

submitted unless accompanied by power of attorney signed by the applicable traditional council.

(3) For the purpose of this section, a “high impact” development includes any of the following:

(a) cemetery;

(b) crematorium and funeral parlour;

(c) factory;

(d) filling station and public garage;

(e) industry and light industry;

(f) manufacturing, micro-manufacturing, retail selling and distribution as contemplated in the Liquor Act,

2003 (Act No. 59 of 2003);

(g) mining;

(h) noxious use;

(i) panelbeating;

(j) scrapyard.

(4) The Municipality must define each of the high impact activities contemplated in subsection (3) in its land use

scheme.

Part J: Departure from provisions of Land Use Scheme

82 Application for permanent or temporary departure

(1) An application for a permanent departure from the provisions of the land use scheme is an application that will

result in the permanent amendment of the land use scheme provisions applicable to land, and includes:

(a) The relaxation of development parameters such as building line, height, coverage or number of storeys;

and

(b) the departure from any other provisions of a land use scheme that will result in the physical

development or construction of a permanent nature on land.

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(2) An application for a temporary departure from the provisions of the land use scheme is an application that

does not result in an amendment of the land use scheme provisions applicable to land, and includes:

(a) prospecting rights granted in terms of the Mineral and Petroleum Resources Development Act, 2002;

(b) the erection and use of temporary buildings, or the use of existing buildings for site offices, storage

rooms, workshops or such other uses as may be necessary during the erection of any permanent

building or structure on the land;

(c) the occasional use of land or buildings for public religious exercises, place of instruction, institution,

place of amusement or social hall;

(d) the use of land or the erection of buildings necessary for the purpose of informal retail trade;

(e) any other application to utilise land on a temporary basis for a purpose for which no provision is made

in the land use scheme in respect of a particular zone .

(3) An applicant may apply for a departure in the manner provided for in Chapter 6.

(4) The Municipality may grant approval for a departure

(a) contemplatedin subsection (2)(a) for the period of validity of the prospecting license after which period

the approval lapses; and

(b) contemplated in subsection (2)(b) for the period requested in the application or the period determined by

the Municipality after which period the approval lapses.

(5) The Municipality may grant extensions to the period that it determines in terms of subsection (4)(b), which

period together with any extensions that the Municipality grants, may not exceed 5 yearsand the granting of the extension

may not be unreasonably withheld by the Municipality.

(6) A temporary departure contemplated in subsection(2) may not be granted more than once in respect of a

particular use on a specific land unit.

(7) A temporary departure contemplated in subsection (2)(b) may not include the improvement of land that is not

temporary in nature and which has the effect that the land cannot, without further construction or demolition, revert to its

previous lawful use upon the expiry of the period contemplated in subsection (1)(b).

Part K: General Matters

83 Ownership of public places and land required for municipal engineering services and social facilities

(1) The ownership of land that is earmarked for a public place as shown on an approved subdivision plan vest in

the Municipality upon confirmation of the subdivision or a part thereof.

(2) The Municipality may in terms of conditions imposed in terms of section54 determine that land designated for

the provision of engineering services, public facilities or social infrastructure on an approved subdivision plan, be

transferred to the Municipality upon confirmation of the subdivision or a part thereof.

84 Restriction of transfer and registration

(1) Notwithstanding the provisions contained in this By-law or any conditions imposed in the approval of any

application, the owner must, at his or her cost and to the satisfaction of the Municipality, survey and register all servitudes

required to protect the engineering services provided, constructed and installed as contemplated in Chapter 7.

(2) No Erf/Erven and/or units in a land development area, may be alienated or transferred into the name of a

purchaser nor must a Certificate of Registered Title be registered in the name of the owner, prior to the Municipality

certifying to the Registrar of Deeds that:

(a)   All engineering services have been designed and constructed to the satisfaction of the Municipality,

including guarantees for services having been provided to the satisfaction of the Municipality as may

be required; and

(b) all engineering services and development charges have been paid or an agreement has been entered

into to pay the development charges in monthly instalments; and

(c) all engineering services have been or will be protected to the satisfaction of the Municipality by means

of servitudes; and

(d)   all conditions of the approval of the application have been complied with or that arrangements have

been made to the satisfaction of the Municipality for the compliance there of within 3 months of having

certified to the Registrar in terms of this section that registration may take place; and

(e) that the Municipality is in a position to consider a final building plan; and

(f) that all the properties have either been transferred or must be transferred simultaneously with the first

transfer or registration of a newly created property or sectional title scheme.

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85 First transfer

Where an owner of land to which an application relates is required to transfer land to:

(a) the Municipality; or

(b) an owners’ association,

by virtue of a condition set out in the conditions to the approval contemplated in section 54, the land must be so

transferred at the expense of the applicant, within a period of 6 months from the date of the land use rights coming into

operation in terms of section54, or within such further period as the Municipality may allow, but in any event prior to any

registration or transfer of any erf, portion, opening of a sectional title scheme or unit within the development.

86 Certification by Municipality

(1) A person may not apply to the Registrar of Deeds to register the transfer of a land unit, unless the Municipality

has issued a certificate in terms of this section.

(2) The Municipality must not issue a certificate to transfer a land unit in terms of any law, or in terms of this Bylaw, unless the owner furnishes the Municipality with―

(a) a certificate of a conveyancer confirming that funds due by the transferor in respect of land, have been

paid;

(b) proof of payment of any contravention penalty or proof of compliance with a directive contemplated in

Chapter 9;

(c)   proof that the land use and buildings constructed on the land unit comply with the requirements of the

land use scheme;

(d) proof that all common property including private roads and private places originating from the

subdivision, has been transferredto the owners’ association as contemplated in Schedule 5; and

(e) proof that the conditions of approval that must be complied with before the transfer of erven have been

complied with.

87 Application affecting national and provincial interest

(1) In terms of section 52 of the Act an applicant must refer any application which affects national interest to the

Minister for comment, which comment is to be provided within 21 days as prescribed in section 52(5) of the Act.

(2) Where any application in terms of this By-law, which in the opinion of the Municipal Manager affects national

interest as defined in section 52 of the Act, is submitted, such application must be referred to the Minister and the

provisions of sections 52(5) to (7) of the Act, apply with the necessary changes.

(3) The Municipal Planning Tribunal or Land Development Officer as the case may be, may direct that an

application before it, be referred to the Minister if such an application in their opinion affects national interest and the

provisions of sections 52(5) to (7) apply with the necessary changes.

(4) The Municipality is the decision maker of first instanceas contemplated in section 33(1) of the Act and the

national department responsible for spatial planning and land use management becomesa party to the application that

affects national interest.

(5) If provincial legislation makes provision for applications which may affect provincial interest, the provisions of

this section apply with the necessary changes unless the provincial legislation provides for other procedures.

CHAPTER 6

GENERAL APPLICATION PROCEDURES

88 Applicability of Chapter

This Chapter applies to all types of applications contemplated in section 57 submitted to the Municipality.

89 Procedures for making application

(1) The Municipal Manager may determine in relation to any application required in terms of this By-Law –

(a) information specifications relating to matters such as size, scale, colour, hard copy, number of copies,

electronic format and file format;

(b) the manner of submission of an application;

(c) any other procedural requirements not provided for in this By-Law in accordance with the guidelines

determined by the Municipality in accordance with subsection (2) , if the Municipality has determined

guidelines.

(2) A determination contemplated in subsection (1) may –

(a) relate to the whole application or any part of it; and

(b) differentiate between types of application, categories of application or categories of applicant.

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(3) An applicant must comply with the procedures in this Chapter and, where applicable, the specific procedures

provided for in Chapter 5or the relevant section ofthis By-law and the determination made by the Municipal Manager.

90 Information required

(1) Any application required in terms of this By-Law must be completed on a form approved by the Council,

signed by the applicant and submitted to the Municipality.

(2) Any application referred to in subsection (1) must be accompanied by -(a)  if the applicant is not the owner of the land, a power of attorney signed by the owner authorising the

applicant to make the application on behalf of the owner and if the owner is married in community of

property a power of attorney signed by both spouses;

(b) if the owner of the land is a company, closed corporation, body corporate or owners’ association,

proof that the person is authorised to act on behalf of the company, closed corporation, body corporate

or owners’ association;

(c) if the owner of the land is a trust, the application must be signed by all the trustees;

(d) a written motivation for the application based on the criteria for consideration of the application;

(e) proof of payment of application fees; and

(f) in the case of an application for development on communal land referred to in section81, community

approval granted as a result of a community participation process conducted in terms of Customary

Law.

(3) In addition to the documents referred to in subsection (2), an application referred to in subsection (1) must be

accompanied by the following documents:

(a) in the case of an application for the establishment of a township or the extension of the boundaries of a

township, the documents contemplated in Schedule 6;

(b) in the case of an application for the amendment of an existing scheme or land use scheme by the

rezoning of land, the documents contemplated in Schedule 7;

(c) in the case of an application for the removal, amendment or suspension of a restrictive or obsolete

condition, servitude or reservation registered against the title of the land, the documents contemplated

in Schedule 8;

(d) in the case of an application of the amendment or cancellation in whole or in part of a general plan of a

township, such plans, diagrammes and other documents contemplated in Schedule 9;

(e) in the case of an application for the subdivision of any land, the documents contemplated in Schedule

10;

(f) in the case of an application for the consolidation of any land,  the documents contemplated in

Schedule 11;

(g) in the case of the permanent closure of any public place, the documents contemplated in Schedule 12;

(h) in the case of an application for consent or approval required in terms of a condition of title, a condition

of establishment of a township or condition of an existing scheme or land use scheme, the documents

contemplated in Schedule 13;

(i) in the case of an application for the permanent or temporary departure from the land use scheme, the

documents contemplated in Schedule 14.

(4) The Municipality may make a determination or issue guidelines relating to the submission of additional

information and procedural requirements.

91 Application fees

(1) An applicant must pay the application fees approved by the Council prior to submitting an application in terms

of this By-law.

(2) Application fees that are paid to the Municipality are non-refundable and proof of payment of the application

fees must accompany the application.

92 Grounds for refusing to accept application

The Municipality may refuse to accept an application if—

(a) the municipality has already decided on the application;

(b) there is no proof of payment of fees;

(c) the application is not in the form required by the Municipality or does not contain the documents

required for the submission of an application as set out in section90.

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93 Receipt of application and request for further documents

The Municipality must—

(a) record the receipt of an application in writing or by affixing a stamp on the application on the day of

receipt and issue proof of receipt to the applicant;

(b) notify the applicant in writing of any outstanding or additional plans, documents, other information or

additional fees that it may require within 30 days of receipt of the application or the further period as

may be agreed upon, failing which it is regarded that there is no outstanding information or documents;

and

(c) if the application is complete, notify the applicant in writing that the application is complete within 30

days of receipt of the application.

94 Additional information

(1) The applicant must provide the Municipality with the information or documentation required for the completion

of the application within 30 days of the request therefor or within the further period agreed to between the applicant and

the Municipality.

(2) The Municipality may refuse to consider the application if the applicant fails to provide the information within

the timeframes contemplated in subsection (1).

(3) The Municipality must notify the applicant in writing of the refusal to consider the application and must close

the application.

(4) An applicant has no right of appeal to the appeal authority in respect of a decision contemplated in subsection

(3) to refuse to consider the application.

(5) If an applicant wishes to continue with an application that the Municipality refused to consider under

subsection (3), the applicant must submit a new application and pay the applicable application fees.

95 Confirmation of complete application

(1) The Municipality must notify the applicant in writing that the application is complete and that the notices may

be placed as contemplated in this Chapter, within 21 days of receipt of the additional plans, documents or information

required by it or if further information is required as a result of the furnishing of the additional information.

(2) The date of the notification that an application is complete is regarded as the date of submission of the

application.

(3) If further information is required, section94 applies to the further submission of information that may be

required.

96 Withdrawal of application

(1) An applicant may, at any time prior to a decision being taken, withdraw an application on written notice to the

Municipality.

(2) The owner of land must in writing inform the Municipality if he or she has withdrawn the power of attorney that

authorised another person to make an application on his or her behalf.

97 Notice of applications in terms of integrated procedures

(1) The Municipality may, on prior written request and motivation by an applicant, determine that—

(a) a public notice procedure carried out in terms of another law in respect of the application constitutes

public notice for the purpose of an application made in terms of this By-law; or

(b) notice of an application made in terms of this By-law may be published in accordance with the

requirements for public notice applicable to a related application in terms other legislation.

(2) If a Municipality determines that an application may be published as contemplated in subsection (1)(b) an

agreement must be entered into by the Municipality and the relevant organs of state to facilitate the simultaneous

publication of notices.

(3) The Municipality must, within 30 days of having notified the applicant that the application is complete,

simultaneously—

(a) cause public notice of the application to be given in terms of section98(1); and

(b) forward a copy of the notice together with the relevant application to every municipal department,

service provider and organ of state that has an interest in the application,

unless it has been determined by the Municipality that a procedure in terms of another law, as determined in

subsection (1), is considered to be public notice in terms of this By-law.

(4)   The Municipality may require the applicant to give the required notice of an application in the media.

(5) Where an applicant has published a notice in the media at the request of a Municipality, the applicant must

provide proof that the notice has been published as required.

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98 Notification of application in media

(1)   The Municipality must cause notice to be given in the media, in accordance with this By-law, of the following

applications:

(a) an application for township establishment;

(b) an application for a rezoning or a rezoning on the initiative of the Municipality;

(c) the subdivision of land larger than five hectares inside the outer limit of urban expansion as reflected in

its municipal spatial development framework;

(d) the subdivision of land larger than one hectare outside the outer limit of urban expansion as reflected

in its municipal spatial development framework;

(e) if the Municipality has no approved municipal spatial development framework, the subdivision of land

larger than five hectares inside the urban edge, including existing urban land use approvals, of the

existing urban area;

(f) if the Municipality has no approved municipal spatial development framework, the subdivision of land

larger than one hectare outside the urban edge, including existing urban land use approvals, of the

existing urban area;

(g) the closure of a public place;

(h) an application in respect of a restrictive condition;

(i) other applications that will materially affect the public interest or the interests of the community if

approved.

(2) Notice of the application in the media must be given by—

(a) publishing a notice of the application, in a newspaper with a general circulation in the municipal area in

at least two of the official languages determined by the Council, having regard to language preferences

and usage within its municipal area, as contemplated in section 21 of the Municipal Systems Act; or

(b) if there is no newspaper with a general circulation in the area, posting a copy of the notice of

application, for at least the duration of the notice period, on the land concerned and on any other

notice board as may be determined by the Municipality.

99 Serving of notices

(1) Notice of an application contemplated in section98(1) and subsection (2) -

(a) is considered as having been served when:

(i) it has been delivered to the relevant person personally;

(ii) it has been left at the relevant person’s place of residence or business in the Republic with a

person apparently over the age of sixteen years; 

 

(iii) when it has been posted by registered or certified mail to the relevant person’s last known

residential or business address in the Republic and an acknowledgement of the posting thereof

from the postal service is obtained;

(iv) if the relevant person’s address in the Republic is unknown, when it has been served on that

person’s agent or representative in the Republic in the manner provided by paragraphs (i), (ii)

or (iii); or

(v) if the relevant person’s address and agent or representative in the Republic is unknown, when it

has been posted in a conspicuous place on the property or premises, if any, to which it relates.              

 

(b) must be in at least two of the official languages determined by the Council, having regard to language

preferences and usage within its municipal area, as contemplated in section 21A of the Municipal

Systems Act;

(c) must be served on each owner of an abutting property, including a property separated from the

property concerned by a road;

(d) must be served on any person who, in the opinion of the Municipality, has an interest in the matter or

whose rights may be affected by the approval of the application.

(2) The Municipality may require the serving of a notice as contemplated in this section for any other application

made in terms of this By-law.

(3) The Municipality may require notice of its intention to consider all other applications not listed in subsection (2)

to be given in terms of section98.

(4) The Municipality may require the applicant to attend to the serving of a notice of an application contemplated

in subsection (1).

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(5) Where an applicant has served a notice at the request of a Municipality, the applicant must provide proof that

the notice has been served as required.

100 Contents of notice

When notice of an application must be given in terms of section98 or served in terms of section99, the notice must

contain the following information:

(a) thename, identity number, physical address and contact details of the applicant;

(b) identify the land or land unit to which the application relates by giving the property description (erf

number) and the physical address (street name and number);

(c)   state the intent and purpose of the application;

(d) state that a copy of the application and supporting documentation will be available for viewing during

the hours and at the place mentioned in the notice;

(e) state the contact details of the relevant municipal employee;

(f)   invite members of the public to submit written comments or objections together with the reasons

therefor in respect of the application;

(g)   state in which manner comments or objections may be submitted;

(h) state the date by when the comments or objections must be submitted which must not be less than 30

days from the date on which the notice was given;

(i)   state that any person who cannot write may during office hours attend at an address stated in the

notice where a named staff member of the Municipality will assist that person to transcribe that

person’s objections or comments.

101 On-site notice

(1) The Municipality must cause additional notice to be given in accordance with this section if it considers

notice in accordance with sections 98 or 99 to be ineffective or in the event of the following applications:

(a) an application for township development;

(b) an application for the extension         

  of        

  the      

  boundaries       

  of        

  an        

  approved          

  township;

(c) an application for rezoning;

(d) an application for subdivision;

(e) an application for consolidation.

(2) An on-site notice must be displayed and the notice must be of a size of at least 60 cm by 42 cm (A2 size) on

the frontage of the erf concerned or at any other conspicuous and easily accessible place on the erf, provided that—

(a) the notice must be displayed for a minimum of 21 days during the period that the public may comment

on the application;

(b)   the applicant must, within 21 days from the last day of display of the notice, submit to the

Municipality—

(i)   a sworn affidavit confirming the maintenance of the notice for the prescribed period; and

(ii)   at least two photos of the notice, one from nearby and one from across the street.

102 Additional methods of public notice

If the Municipality considers notice in accordance with sections98, 99or 101to be ineffective or the Municipality

decides to give notice of any application in terms of this By-law, the Municipality may on its own initiative or on request

require an applicant to follow one or more of the following methods to give additional public notice of an application:

(a)   to convene a meeting for the purpose of informing the affected members of the public of the

application;

(b)   to broadcast information regarding the application on a local radio station in a specified language;

(c) to hold an open day or public meeting to notify and inform the affected members of the public of the

application;

(d)   to publish the application on the Municipality’s website for the duration of the period that the public may

comment on the application; or

(e)   to obtain letters of consent or objection to the application.

(2) Where an applicant has given additional public notice of an application on behalf of a Municipality, the

applicant must provide proof that the additional public notice has been given as required.

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(3) Where the Municipality requires an applicant to display a public notice as contemplated in paragraph (a), the

Municipality must conduct an on-site inspection to verify whether the applicant has complied with the requirement to

display that public notice.

103 Requirements for petitions

(1) All petitions mustclearly state—

(a)   the contact details of the authorised representative of the signatories of the petition;

(b) the full name and physical address of each signatory; and

(c) the objection and reasons for the objection.

(2) Notice to the person contemplated in subsection (1)(a), constitutes notice to all the signatories to the petition.

104 Requirements for objections or comments

(1) A person may, in response to a notice received in terms of sections98, 99 or 101, object or comment in

accordance with this section.

(2) Any objection, comment or representation received as a result of a public notice process must be in writing

and addressed to the municipal employee mentioned in the notice within the time period stated in the notice and in the

manner set out in this section.

(3) The objection must state the following:

(a)   the name of the person or body concerned;

(b)   the address or contact details at which the person or body concerned will accept notice or service of

documents;

(c)   the interest of the body or person in the application;

(d)   the reason for the objection, comment or representation.

(4) The reasons for any objection, comment or representation must be set out in sufficient detail in order to—

(a) indicate the facts and circumstances which explains the objection, comment or representation;

(b) demonstrate the undesirable effect which the application will have on the area;

(c) demonstrate any aspect of the application which is not considered consistent with applicable policy.

(5)   The Municipality mustnot accept any objection, comment or representation received after the closing date.

105 Requirements for intervener status

(1) Where an application has been submitted to the Municipality, an interested person referred to in section

45(2) of the Act may, at any time during the proceedings,petition the Municipal Planning Tribunal or the Land Development

Officer in writing on the form approved by Council to be granted intervener status.

(2) The petitioner must submit together with the petition to be granted intervener status an affidavit stating that

he or she –

(a) does not collude with any of the parties; and

(b) is willing to deal with or act in regard to the application as the Municipal Planning Tribunal or the

Land Development Officer may direct.

(3) The Municipal Planning Tribunal or the Land Development Officer must determine whether the requirements

of this section have been complied with and must thereafter transmit a copy of the form to the parties of the appeal.

(4) The presiding officer of the Municipal Planning Tribunal or the Land Development Officer must rule on the

admissibility of the petitioner to be granted intervener status and the decision of the presiding officer or the Land

Development Officer is final and must be communicated to the petitioner and the parties.

106 Amendments prior to approval

(1)   An applicant may amend his or her application at any time after notice of the application has been given in

terms of this By-law and prior to the approval thereof -(a) at the applicant’s own initiative;

(b) as a result of objections and comments made during the public notification process; or

(c)   at the request of the Municipality.

(2) If an amendment to an application is material, the Municipality may require that further notice of the

application be given in terms of this By-law and may require that the notice and the application be resent to municipal

departments, organs of state and service providers.

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107 Further public notice

(1) The Municipality may require that fresh notice of an application be given if more than 18 months haselapsed

since the first public notice of the application and if the application has not been considered by the Municipality.

(2) The Municipality may, at any stage during the processing of the application -(a)  require notice of an application to be republished or to be served again; and

(b) an application to be resent to municipal departments for comment,

if new information comes to its attention which is material to the consideration of the application.

108 Cost of notice

The applicant is liable for the costs of giving notice of an application.

109 Applicant’s right to reply

(1)   Copies of all objections or comments lodged with a Municipality must be provided to the applicant within 14

days after the closing date for public comment together with a notice informing the applicant of its rights in terms of this

section.

(2)   The applicant may, within a period of 30 days from the date of the provision of the objections or comments,

submit written reply thereto with the Municipality and must serve a copy thereof on all the parties that have submitted

objections or comments.

(3)   The applicant may before the expiry of the 30 day period referred to in subsection (2), apply to the

Municipality for an extension of the period with a further period of 14 days to lodge a written reply.

(4) If the applicant does not submit comments within the period of 30 days or within an additional period 14 of

days if applied for, the applicant is considered to have no comment.

(5) If as a result of the objections or comments lodged with a Municipality, additional information regarding the

application is required by the Municipality, the information must be supplied within the further period as may be agreed

upon between the applicant and the Municipality.

(6) If the applicant does not provide the information within the timeframes contemplated in subsection (5), section

94(2) to (5) with the necessary changes, applies.

110 Written assessment of application

(1) An employee authorised by the Municipality must in writing assess an application in accordance with

section53 and recommend to the decision-maker whether the application must be approved or refused.

(2) An assessment of an application must include a motivation for the recommendation and, where applicable,

the proposed conditions of approval contemplated in section 54.

111 Decision-making period

(1)   When the power to take a decision is delegated to an authorised employee and no integrated process in

terms of another law is being followed, the authorised employee must decide on the application within the 30 day period

referred to in regulation 16(5) of the Regulations.

(2)   When the power to take a decision is not delegated to an authorised employee and no integrated process in

terms of another law is being followed, the Municipal Planning Tribunal must decide on the application within the period

referred to in regulation 16(5) of the Regulations.

112 Failure to act within time period

If no decision is made by the Municipal Planning Tribunal within the period required in terms of the Act, it is

considered undue delay for purposes of these By-Laws and the applicant or interested person may report the nonperformance of the Municipal Planning Tribunal or Land Development Officer to the municipal manager, who must report it

to the municipal council and mayor.

113 Powers to conduct routine inspections

(1)   An employee authorised by the Municipality may, in accordance with the requirements of this section, enter

land or a   building for the purpose of assessing an application in terms of this By-law and to prepare a report

contemplated in   section110.

(2)   When conducting an inspection, the authorised employee may—

(a) request that any record, document or item be produced to assist in the inspection;

(b)   make copies of, or take extracts from any document produced by virtue of paragraph (a) that is related

to the inspection;

(c)   on providing a receipt, remove a record, document or other item that is related to the inspection; or

(d)   inspect any building or structure and make enquiries regarding that building or structure.

(3)   No person may interfere with an authorised employee who is conducting an inspection as contemplated in

subsection (1). 

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(4)   The authorised employee must, upon request, produce identification showing that he or she is authorised by

the   Municipality to conduct the inspection.

(5)   An inspection under subsection (1) must take place at a reasonable time and after reasonable notice has

been given to   the owner or occupier of the land or building.

114 Determination of application

The Municipality may in respect of any application submitted in terms of this Chapter -(a) approve, in whole or in part, or refuse any application referred to it in accordance with this By-law;

(b) on the approval of any application, impose any reasonable conditions, including conditions related to

the provision of engineering services and the payment of any development charges;

(c) make an appropriate determination regarding all matters necessary or incidental to the performance of

its functions in terms of this By-law and provincial legislation;

(d) conduct any necessary investigation;

(e) give directions relevant to its functions to any person in the service of a Municipality or municipal entity;

(f)   decide any question concerning its own jurisdiction;

(g)   appoint a technical adviser to advise or assist in the performance of the Municipal Planning Tribunal’s

functions in terms of this By-law;

115 Notification of decision

(1) The Municipality must, within 21 days of its decision, in writing notify the applicant and any person whose

rights are   affected by the decision of the decision and their right to appeal if applicable.

(2) If the owner has appointed an agent, the owner must take steps to ensure that the agent notifies him or her of

the   decision of the Municipality.

116 Extension of timeforfulfilment of conditions of approval

(1) If an applicant wishes to request an extension of the time provided for in the approval in order to comply with

the   conditions of approval, this request must be in writing and submitted to the Municipality least 60 days in

advance of   the date on which the approval is due to lapse.

(2) Any request for an extension of time must be accompanied by the reasons for the request.

(3) The Municipality may not unreasonably withhold an approval for the extension of time.

(4) Following receipt of a request for an extension of time, the Municipality must issue a decision in writing to

the   applicant.

117 Duties of agent of applicant

(1)   The agent must ensure that all information furnished to the Municipality is accurate.

(2)   The agent must ensure that no misrepresentations are made.

(3) The provision of inaccurate, false or misleading information is an offence.

118 Errors and omissions

(1) The Municipality may at any time, with the written consent of the applicant or, if applicable, any party to the

application, correct an error in the wording of its decision provided that the correction does not change its decision or

results in an alteration, suspension or deletion of a condition of its approval.

(2)   The Municipality may, of its own accord or on application by an applicant or interested party, upon good cause

being shown, condone an error in the procedure provided that such condonation does not have material adverse impact

on or unreasonably prejudice any party.

119 Withdrawal of approval

(1)  The Municipality may withdraw an approval granted for a consent use or temporary departure if the applicant

or owner fails to comply with a condition of approval.

(2) Prior to doing so, the Municipality must serve a notice on the owner—

(a) informing the owner of the alleged breach of the condition;

(b) instructing the owner to rectify the breach within a specified time period;

(c)   allowing the owner to make representations on the notice within a specified time period.

120 Procedure to withdraw an approval

(1)   The Municipality may withdraw an approval granted—

(a) after consideration of the representations made in terms of section 119(2)(c); and

(b)   if the Municipality is of the opinion that the condition is still being breached and not being complied with

at the end of the period specified in terms of section119(2)(b).

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(2)   If the Municipality withdraws the approval, the Municipality must notify the owner of the withdrawal of the

approval and instruct the owner to cease the activity immediately.

(3)   The approval is withdrawn from date of notification of the owner.

121 Exemptions to facilitate expedited procedures

The Municipality may in writing -(a)   exempt a development from compliance with the provisions of this By-law to reduce the financial or

administrative burden of—

(i) integratedprocedures as contemplated in section97;

(ii)   the provision of housing with the assistance of a state subsidy; or

(iii)   incremental upgrading of existing settlements;

(b)   in an emergency situation authorise that a development may depart from any of the provisions of this

By-law

CHAPTER 7

ENGINEERING SERVICES AND DEVELOPMENT CHARGES

Part A: Provision and Installation of Engineering Services

122 Responsibility for providing engineering services

(1) Every land development area must be provided with such engineering services as the Municipality may deem

necessary for the appropriate development of the land.

(2) An applicant is responsible for the provision and installation of internal engineering services required for a

development at his or her cost when an application is approved.

(3) The Municipality is responsible for the installation and provision of external engineering services, subject to

the payment of development charges first being received, unless the engineering services agreement referred to in section

124 provides otherwise.

123 Installation of engineering services

(1) The applicant must provide and install the internal engineering services, including private internal engineering

services,in accordance with the conditions of establishment and to the satisfaction of the Municipality, and for that purpose

the applicant must lodge with the Municipality such reports, diagrams and specifications as the Municipality may require.

(2) The Municipalitymust have regard to such standards as the Minister or the Member of the Executive Council

may determine for streets and storm water drainage, water, electricity and sewage disposal services in terms of the Act.

(3) If an engineering service within the boundaries of the land development area is intended to serve any other

area within the municipal area, such engineering service and the costs of provision thereof must be treated as an internal

engineering service to theextent that it serves the land development and as an external engineering service to the extent

that it serves any other development.

(4) The Municipality must, where any private roads, private open spaces or any other private facilities or

engineering services are created or to be constructed with the approval of any application set the standards for the width

and or any other matter required to provide sufficient access and engineering services; including but not limited to:

(a) roadways for purposes of sectional title schemes to be created;

(b) the purpose and time limit in which private roads, private engineering services and private facilities are

to be completed;

124 Engineering services agreement

(1) An applicant of an application and the Municipality must enter into an engineering service agreement if the

Municipality requires such agreement.

(2) The engineering services agreement must –

(a) classify the services as internal engineering services,  external engineering services  or private

engineering services;

(b) be clear when the applicant and the Municipality are to commence construction of internal engineering

services, whether private engineering services or not, and external engineering services, at which rate

construction of such services is to proceed and when such services must be completed;

(c) provide for the inspection and handing over of internal engineering servicesto the Municipality or the

inspection of private internal engineering services;

(d) determinethat the risk and ownership in respect of such services must pass to the Municipalityor the

owners’ association as the case may be, when the Municipality is satisfied that the services are

installed to its standards;

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(e) require the applicant to take out adequate insurance cover in respect of such risks as are insurable for

the duration of the land development; and

(f) provide for the following responsibilities after the internal services have been handed over to the

Municipality or the owners’ association:

(i) when normal maintenance by the relevant authority or owners’ association must commence;

(ii) the responsibility of the applicant for the rectification of defects in material and workmanship;

and

(iii) the rights of the relevant authority or owners’ association if the applicant fails to rectify any

defects within a reasonable period after having been requested to do so;

(g) if any one of the parties is to provide and install an engineering service at the request and at the cost

of the other, such service must be clearly identified and the cost or the manner of determining the cost

of the service must be clearly set;

(h) determine whether additional bulk services are to be provided by the Municipality and, if so, such

services must be identified;

(i) determine which party is responsible for the installation and provision of service connections to

residential, business, industrial, community facility and municipal erven, and the extent or manner, if

any, to which the costs of such service connections are to be recovered;

(j) define the service connections to be made which may include all service connections between internal

engineering services and the applicable erf or portion of the land and these include –

(i) a water-borne sewerage pipe terminating at a sewer connection;

(ii) a water-pipe terminating at a water meter; and

(iii) an electricity house connection cable terminating on the relevant erf; and

(k) clearly identify the level and standard of the internal engineering services to be provided and installed

and these include, amongst others –

(i) water reticulation;

(ii) sewerage reticulation, sewage treatment facilities and the means of disposal of effluent and

other products of treatment;

(iii) roads and storm-water drainage;

(iv) electricity reticulation (high and low tension);

(v) street lighting.

(3) The engineering services agreement may require that performance guarantees be provided, or otherwise,

with the provision that -(i) theobligations of the parties with regard to such guarantees are clearly stated;

(ii) such guarantee is irrevocable during its period of validity; and

(iii) such guarantee is transferable by the person to whom such guarantee is expressed to be

payable.

(4) Where only basic services are to be provided initially, the timeframes and the responsibility of the parties for

the upgrading (if any) of services must be recorded in the engineering services agreement.

125 Abandonment or lapsing of application

Where an applicationis abandoned by the applicant or has lapsed in terms of any provision in terms of the Act,

provincial legislation or conditions or this By-law, the engineering services agreement referred to in section124 lapses and

if the ownerhad installed any engineering services before the lapsing of the application in terms of the engineering

services agreement,he or she must have no claim against the Council with regard to the provision and installation of any

engineering services of whatsoever nature.

126 Internal and external engineering services

For the purpose of this Chapter:

(a) "external engineering services" has the same meaning as defined in section 1 of the Act and consist

of both "bulk services" and "link services";

(b) "bulk services" means all the primary water, sewerage, waste disposal, sewage treatment facilities

and means of disposal of effluent and other products of treatment, electricity and storm-water services,

as well as the road network in the system to which the internal services are to be linked by means of

link services;

(c) "link services"  means all new services necessary to connect the internal services to the bulk

services; and

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(d) "internal engineering services"has the same meaning as defined in section 1 of the Act and

includes any link services linking such internal services to the external engineering services.

Part B: Development Charges

127 Payment of development charge

(1) The Municipality must develop a policy for development charges and may levy a development charge in

accordance with the policy, for the provision of -(a) the engineering services contemplated in this Chapter where it will be necessary to enhance or

improve such services as a result of the commencement of the amendment scheme; and

(b) open spaces or parksor other uses, such as social facilities and services, where the commencement of

the amendment scheme will bring about a higher residential density.

(2) If an application is approved by the Municipal Planning Tribunal subject to, amongst others, the payment of a

development charge or an amendment scheme comes into operation, the applicant or owner of the land to which the

scheme relates, must be informed of the amount of the development charge and must, subject to section 124, pay the

development charge to the Municipality.

(3) An owner who is required to pay a development charge in terms of this By-lawmust pay such development

charge to the Municipality before:

(a) any land use right is exercised;

(b) any connection is made to the municipal bulk infrastructure;

(c) a written statement contemplated in section 118 of the Municipal System Actis furnished in respect of

the land;

(d) a building plan is approved in respect of:

(i) the proposed alteration of or addition to an existing building on the land;

(ii) the erection  of a new building on the land, where that building plan, were it not for the

commencement of the amendment scheme, would have been in conflict with the land use

scheme in operation;

(e) the land is used in a manner or for a purpose which, were it not for the commencement of the

amendment scheme, would have been in conflict with the land use scheme in operation.

128 Offset of development charge

(1) An agreement concluded between the Municipality and the applicant in terms of section 49(4) of the Act, to

offset the provision of external engineering services and, if applicable, the cost of internal infrastructure where additional

capacity is required by the Municipality, against the applicable development charge, must be in writing and must include

the estimated cost of the installation of the external engineering services.

(2) The owner must submit documentary proof of the estimated cost of the installation of the external engineering

services.

(3) The amount to be offset against the applicable development charge must be determined by the Municipality.

(4) If the cost of the installation of the external engineering services exceeds the amount of the applicable

development charge, the Municipality may refund the applicant or the owner if there are funds available in the

Municipality’s approved budget.

(5) This section does not oblige the Municipality to offset any costs incurred in the provision of external

engineering services other than that which may have been agreed upon in the engineering services agreement

contemplated in section 124.

129 Payment of development charge in instalments

The Municipality may -

(a) in the circumstances contemplated in  section 128(1), allow payment of the development charge

contemplated in section127 in instalments agreed to in the engineering services agreement which

must comply with the timeframes provided for in the Municipality’s Credit Control and Debt Collection

By-Law or policy, or if last-mentioned By-Law does not provide for such instalments,over a period not

exceeding three years;

(b) in any case, allow payment of the development charge contemplated in section 127 to be postponed

for a period not exceeding three months where security for the payment is given to its satisfaction;

(c) in exercising the power conferred by subparagraphs (a) or (b), impose any condition, including a

condition for the payment of interest.

130 Refund of development charge

No development charge paid to the Municipality in terms of section127 or any portion thereof must be refunded to an

applicant or owner: Provided that where the owner paid the applicablecharge prior to the land use rights coming into

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operation and the application is abandoned in terms of section125 the Municipality may, on such terms and conditions as

it may determine, authorise the refund of development charges or any portion thereof.

131 General matters relating to contribution charges

(1) Notwithstanding any provision to the contrary, where a development charge or contribution for open space is

paid to the Municipality, such funds must, in terms of the provisions of the Municipal Finance Management Act, 2003 (Act

No. 56 of 2003), be kept separate and only applied by the Municipality towards the improvement and expansion of the

services infrastructure or the provision of open space or parking, as the case may be, to the benefit and in the best

interests of the general area where the land area is situated or in the interest of a community that occupies or uses such

land area.

(2) The Municipality must annually prepare a report on the application fees and development charges paid to the

Municipality together with a statement of the Municipality’s infrastructure expenditure and must submit such report and

statement to the Premier.

CHAPTER 8

APPEAL PROCEDURES

PART A: ESTABLISHMENT OF MUNICIPAL APPEAL TRIBUNAL

132 Establishment of Municipal Appeal Tribunal

(1) The Municipality must, if it decides to implement section 51(6) of the Act, establish a Municipal Appeal

Tribunal in accordance with the provisions of this Part and the Municipal Appeal Tribunal is hereby authorised to assume

the obligations of the appeal authority.

(2) The Municipality may, if it is a member of a joint Municipal Planning Tribunal, in writing, agree with the other

party to the joint Municipal Planning Tribunal agreement, to establish a joint Municipal Appeal Tribunal and the joint

Municipal Appeal Tribunal is hereby authorised to assume the obligations of the appeal authority.

(3) An agreement to establish a joint Municipal Appeal Tribunal must describe the rights, obligations and

responsibilities of the participating municipalities and must provide for -(a) the name and demarcation code of each of the participating municipalities;

(b) the budgetary, funding and administrative arrangements for the joint Municipal Appeal Tribunal;

(c) the manner of appointment of members to the joint Municipal Appeal Tribunal, the filling of vacancies

and the replacement and recall of the officials;

(d) the appointment of a chief presiding officer;

(e) the appointment of a nominee to inspect, at any time during normal business hours, the records,

operations and facilities of the joint Municipal Appeal Tribunal on behalf of the participating

municipalities;

(f) determine the conditions for, and consequences ofthe withdrawal from the agreement of a

participating municipality;

(g) determine the conditions for, and consequences of, the termination of the agreement, including the

method and schedule for winding-up the operations of the joint Municipal Appeal Tribunal; and

(h) any other matter relating to the proper functioning of the joint Municipal Appeal Tribunal.

(4) The Municipality must, within 30 days after signing of the agreement contemplated in this section, authorise

the joint Municipal Appeal Tribunal to assume the obligations of the appeal authority.

(5) The Municipality must, within 30 days after the authorisation referred to in subsection (2) publish a notice of

the agreement in the Provincial Gazette and a newspaper circulating in the municipal area of the Municipalityin two official

languages determined by the Council, having regard to language preferences and usage within its municipal area, as

contemplated in section 21 of the Municipal Systems Act.

(6) If a joint Municipal Appeal Tribunal is established in terms of this Part, a person who wants to appeal a

decision taken by the joint Municipal Planning Tribunal must appeal against that decision to the joint Municipal Appeal

Tribunal.

(7) Any reference in this Part to the Municipal Appeal Tribunal is, unless the circumstances indicate otherwise,

a reference to the joint Municipal Appeal Tribunal.

133 Institutional requirements for establishment of Municipal Appeal Tribunal

(1) A municipality, in establishing a Municipal Appeal Tribunal in terms of section132,must, amongst others –

(a) determine the terms and conditions of service of the members of the Municipal Appeal Tribunal;

(b) identify any additional criteria that a person who is appointed as a member of the Municipal Appeal

Tribunal must comply with;

(c) consider the qualifications and experience of the persons it is considering for appointment to the

Municipal Planning Tribunal, make the appropriate appointments and designate thechief presiding

officer;

(f) inform the members in writing of their appointment;

(g) publish the names of the members of the Municipal Appeal Tribunal and their term of office;

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(h) determine the location of the office where the Municipal Appeal Tribunal must be situated; and

(i) develop and approve operational procedures for the Municipal Appeal Tribunal.

(2) The Municipality may not appoint any person to the Municipal Appeal Tribunal if that person -

(a) is disqualified from appointment as contemplated in section 135; or

(b) if he or she does not possess the knowledge or experience required in terms of section134 or the

additional criteria determined by the Municipality in terms of subsection (1)(b).

(3) The Council must –

(a) remunerate members of the Municipal Appeal Tribunal for each hearing of the Municipal Appeal

Tribunal in accordance with the rates determined by Treasury; and

(b) designate an employee of the Municipality or appoint a person as secretary to the Municipal Appeal

Tribunal.

134 Composition, term of office and code of conductof Municipal Appeal Tribunal

(1) The Municipal Appeal Tribunal must consist of between 4 and 6 members which must include at least:

(a) one member who is a professional plannerand who has appropriate experience;

(b) one member who is qualified in law and who has appropriate experience; and

(c) one member who is registered as a professional with the Engineering Council of South Africa in

terms of the Engineering Profession Act, 2000.

(2) The chief presiding officer must designate at least three members of the Municipal Appeal Tribunal to hear,

consider and decide a matter which comes before it and must designate one member as the presiding officer.

(3) No Member of Parliament, the Provincial Legislator or a House of Traditional Leaders, a councillor or

employee of the Municipality may be appointed as a member of the Municipal Appeal Tribunal.

(4) No member of the Municipal Planning Tribunal or joint Municipal Planning Tribunal may serve on the

Municipal Appeal Tribunal.

(5) If a person referred to in subsection (3) or (4) is a member of the Municipal Appeal Tribunal hearing the

appeal, his or her membership renders the decision of the Municipal Appeal Tribunal on that matter void.

(6) The term of office of the members of the Municipal Appeal Tribunal is five years.

(7) After the first terms of office of five years referred to in subsection (6) has expired the appointment of

members of the Municipal Appeal Tribunal for the second and subsequent terms of office must be in accordance with the

provisions of this Part.

(8) A member whose term of office has expired may be re-appointed as a member of the Municipal Appeal

Tribunal.

(9) Members of the Municipal Appeal Tribunal must sign and uphold the code of conduct contemplated in

Schedule 16.

135 Disqualification from membership of Municipal Appeal Tribunal

(1) A person may not be appointed or continue to serve as a member of the Municipal Appeal Tribunal, if that

person –

(a) is not a citizen of the Republic, and resident in the province;

(b) is a member of Parliament, a provincial legislature,House of Traditional Leaders or theCouncil or is

an employee of the Municipality;

(c) is an un-rehabilitated insolvent;

(d) is of unsound mind, as declared by a court;

(e) has at any time been convicted of an offence involving dishonesty;

(f) has at any time been removed from an office of trust on account of misconduct; or

(g) has previously been removed from a Municipal Planning Tribunal or Municipal Appeal Tribunal for a

breach of any provision of this Act.

(2) A member must vacate office if that member becomes subject to a disqualification as contemplated in

subsection (1).

136 Termination of membership of Municipal Appeal Tribunal

(1) A person’s membership of the Municipal Appeal Tribunal may be terminated by a decision of the

Municipalities if there are good reasons for doing so after giving such member an opportunity to be heard.

(2) The reasons for removal referred to in subsection (1) may include, but are not limited to –

(a)   misconduct, incapacity or incompetence; and

(b) failure to comply with any provisions of the Act or this By-Law.

(3) If a member’s appointment is terminated or a member resigns, the Municipality must publish the name of a

person selected by the Municipality to fill the vacancy for the unexpired portion of the vacating member’s term of office.

(4) The functions of the Municipal Appeal Tribunal must not be affected if any member resigns or his or her

appointment is terminated.

137 Status of decision of joint Municipal Appeal Tribunal

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A decision of a joint Municipal Appeal Tribunal relating to land located in the municipal area of the Municipality is

binding on the parties to the appeal and the Municipality.

PART B: MANAGEMENT OF AN APPEAL AUTHORITY

138 Presiding officer of appeal authority

The presiding officer of the appeal authority is responsible for managing the judicial functions of that appeal

authority.

139 Bias and disclosure of interest

(1) No presiding officer or memberof the appeal authority may sit at the hearing of an appeal against a decision of

a Municipal Planning Tribunal if he or she was a member of that Municipal Planning Tribunal when the decision was made

or if he or she was the Land Development Officer and he or she made the decision that is the subject of the appeal.

(2) A member of the appeal authority-

(a) must make full disclosure of any conflict of interest including any potential conflict of interest in any

matter which he or she is designated to consider;

(b) may not attend, participate or vote in any proceedings of the appeal authority in relation to any matter

in respect of which the member has a conflict of interest.

(3) A presiding officer or member of an appeal authority who has or appears to have a conflict of interest as

defined in this section must recuse himself or herself from the appeal hearing.

(4) A party may in writing to the appeal authority request the recusal of the presiding officer or member of that

appeal authority on the grounds of conflict of interest and the presiding officer must decide on the request and inform the

party of the decision in writing.

(5) A decision by a presiding officer or member to recuse himself or herself or a decision by the appeal authority

to recuse a presiding officer or member, must be communicated to the parties concerned by the registrar.

(6) For the purpose of this Chapter “conflict of interest” means any factor that may impair or reasonable give the

appearance of impairing the ability of a member of an appeal authority to independently and impartially adjudicate an

appeal assigned to the appeal authority.

(7) A conflict of interest arises where an appeal assigned to an appeal authority involves any of the following:

(a) A person with whom the presiding officeror member has a personal, familiar or professional

relationship;

(b) a matter in which the presiding officeror member has previously served in another capacity, including

as an adviser, counsel, expert or witness; or

(c) any other circumstances that would make it appear to a reasonable and impartial observer that the

presiding officer’sor member’s participation in the adjudication of the matter would be inappropriate.

140 Registrar of appeal authority

(1) The municipal manager of a municipality is the registrar of the appeal authority.

(2) Notwithstanding the provisions of subsection (1), a municipal council may appoint a person or designate an

official in its employ, to act as registrar of the appeal authority.

(3) Whenever by reason of absence or incapacity any registrar is unable to carry out the functions of his or her

office, or if his or her office becomes vacant, the municipal council may, after consultation with the presiding officer of the

appeal authority, authorise any other competent official in the public service to act in the place of the absent or

incapacitated registrar during such absence or incapacity or to act in the vacant office until the vacancy is filled.

(4) Any person appointed or designated under subsection (2) or authorised under subsection (3) may hold more

than one office simultaneously.

141 Powers and duties of registrar

(1) The registrar is responsible for managing the administrative affairs of the appeal authority and, in addition to

the powers and duties referred to in this Chapter, has all the powers to do what is necessary or convenient for the effective

and efficient functioning of the appeal authority and to ensure accessibility and maintenance of the dignity of the appeal

authority.

(2) The duties of the registrar include –

(a) the determination of the sitting schedules of the appeal authority;

(b) assignment of appeals to the appeal authority;

(c) management of procedures to be adhered to in respect of case flow management and the finalisation

of any matter before the appeal authority;

(d) transmit all documents and make all notifications required by the procedures laid down in the provincial

spatial planning and land use management legislation;

(e) the establishment of a master registry file for each case which must record –

(i) the reference number of each appeal;

(ii) the names of the parties;

(iii) all actions taken in connection with the preparation of the appeal for hearing;

(iv) the dates on which any document or notification forming part of the procedure is received in or

dispatched from his or her office;

(v) the date of the hearing of the appeal;

(vi) the decision of the appeal authority;

(vii) whether the decision was unanimous or by majority vote; and

(viii) any other relevant information.

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(3) The presiding officer of the appeal authority may give the registrar directions regarding the exercise of his or

her powers under this Chapter.

(4) The registrar must give written notice to the presiding officer of all direct or indirect pecuniary interest that he

or she has or acquires in any business or legal person carrying on a business.

PART C: APPEAL PROCESS

142 Commencing of appeal

An appellant must commence an appeal by delivering aNotice of Appeal approved by the Council to the registrarof

the relevant appeal authority and the parties to the original applicationwithin 21 days as contemplated in section 51 of the

Act.

143 Notice of appeal

(1) A Notice of Appeal must clearly indicate:

(a) whether the appeal is against the whole decision or only part of the decision and if only a part, which

part;

(b) where applicable, whether the appeal is against any conditions of approval contemplated in section

54 of an application and which conditions;

(c) the grounds of appeal including any findings of fact or conclusions of law;

(d) a clear statement of the relief sought on appeal;

(e) any issues that the appellant wants the appeal authority to consider in making its decision; and

(f) a motivation of an award for costs.

(2) An appellant may, within seven days from receipt of a notice to oppose an appeal amend the notice of

appeal and must submit a copy of the amended notice to the appeal authorityand to every respondent.

144 Notice to oppose an appeal

A notice to oppose an appeal must be delivered to the registrar of the appeal authority within 21 days from delivery

of the notice of appeal referred to in section 143 and it must clearly indicate:

(a) whether the whole or only part of the appeal is opposed and if only a part, which part;

(b) whether any conditions of approval contemplated in section 54 of an application are opposed and

which conditions;

(c) whether the relief sought by the appellant is opposed;

(d) the grounds for opposing the appeal including any finding of fact or conclusions of law in dispute;

(e) a clear statement of relief sought on appeal.

145 Screening of appeal

(1) When the appeal authority receives a Notice of Appeal, it must screen such Notice to determine whether:

(a) It complies with the formapproved by the Council;

(b) it is submitted within the required time limit; and,

(c) the appeal authority has jurisdiction over the appeal.

(2) If a Notice of Appeal does not comply with the formapproved by the Council, the appeal authority must

return the Notice of Appeal to the appellant, indicating what information is missing and require that information to be

provided and returned to the appeal authority by the appellant within a specific time period.

(3) If the Notice of Appeal is not provided and returned to the appeal authority with the requested information

within the specified time period, the appellant’s appeal will be considered abandoned and the appeal authority must notify

the parties in writing accordingly.

(4) If the Notice of Appeal is received by the appeal authority after the required time limit has expired, the party

seeking to appeal is deemed to have abandoned the appeal and the appeal authority will notify the parties in writing.

(5) If the appeal relates to a matter that appears to be outside the jurisdiction of the appeal authority, it must

notify the parties in writing.

(6) The appeal authority may invite the parties to make submissions on its jurisdiction and it will then determine,

based on any submissions received, if it has jurisdiction over the appeal and must notify the parties in writing of the

decision.

(7) The provisions of this section apply, with the necessary changes, to a notice to oppose an appeal

contemplated in section 144.

PART D: PARTIES TO AN APPEAL

146 Parties to appeal

(1) The parties to an appeal before an appeal authority are:

(a) the appellant who has lodged the appeal with the appeal authority in accordance with section 51(1)

of the Act;

(b) the applicant, if the applicant is not the appellant as contemplated in paragraph (a);

(c) theMunicipal Planning Tribunal that or the Land Development Officer who made the decision;

(d) any person who has been made a party to theproceeding by the appeal authority after a petition to

the appeal authority under section 45(2) of the Act to be granted intervener status.

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147 Intervention by interested person

(1) Where an appeal has been lodged by an appellant to the appeal authority, an interested person referred to

in section 45(2) of the Act may, at any time during the proceedings,petition the appeal authority in writing on the form

approved by Council to be granted intervener status on the grounds that his or her rights may have been affected by the

decision of the Municipal Planning Tribunal or Land Development Officer and might therefore be affected by the

judgement of the appeal authority.

(2) The petitioner must submit together with the petition to be granted intervener status an affidavit stating that

he or she –

(a) does not collude with any of the appellants; and

(b) is willing to deal with or act in regard to the appeal as the appeal authority may direct.

(3) The registrar must determine whether the requirements of this section have been complied with and must

thereafter transmit a copy of the form to the parties of the appeal.

(4) The presiding officer of the appeal authority must rule on the admissibility of the petitioner to be granted

intervener status and the decision of the presiding officer is final and must be communicated to the petitioner and the

parties by the registrar.

PART E: JURISDICTION OF APPEAL AUTHORITY

148 Jurisdiction of appeal authority

An appeal authority may consider an appeal on one or more of the following:

(a) the administrative action was not procedurally fair as contemplated in the Promotion of Administrative

Justice Act, 2000 (Act No. 3 of 2000); and

(b) the merits of the application.

149 Written or oral appeal hearing by appeal authority

An appeal may be heard by an appeal authority by means of a written hearing and if it appears to the appeal

authority that the issues for determination of the appeal cannot adequately be determined in the absence of the parties by

considering the documents or other material lodged with or provided to it, by means of an oral hearing.

150 Representation before appeal authority

At an oral hearing of an appeal before an appeal authority, a party to the proceeding may appear in person or may

be represented by another person.

151 Opportunity to make submissions concerning evidence

The appeal authoritymust ensure that every party to a proceeding before the appeal authority is given a reasonable

opportunity to present his or her case and, in particular, to inspect any documents to which the appeal authority proposes

to have regard in reaching a decision in the proceeding and to make submissions in relation to those documents.

PART F: HEARINGS OF APPEAL AUTHORITY

152 Notification of date, time and place of hearing

(1) The appeal authority must notify the parties of the date, time and place of a hearing at least 14 days before

the hearing commences.

(2) The appeal authority will provide notification of the hearing to the appellant at the appellant’s address for

delivery.

153 Hearing date

(1) A hearing will commence on a date determined by the registrar, which hearing may not take place later than

60 days from the date on which the completed Notice of Appeal was delivered to the appeal authority, provided that the

interested parties were informed of the hearing date at least 30 days prior to the hearing date.

(2) The parties and the presiding officer may agree to an extension of the date referred to in subsection (1).

154 Adjournment

(1) If a party requests an adjournment more than one day prior to the hearing, the party must obtain the written

consent of the other party and the presiding officer of the appeal authority.

(2) The party requesting an adjournment must deliver to the appeal authoritya completed form including

reasons for the request.

(3) The appeal authoritywill notify the parties in writing of the decision of the presiding officer of the appeal

authority.

(4) If the presiding officer of the appeal authority or the other party does not consent to the request for an

adjournment, the hearing will not be adjourned.

(5) If a party requests an adjournment within one day prior to the hearing, the request must be made to the

appeal authority at the hearing and may be made notwithstanding that a prior request was not consented to.

155 Urgency and condonation

(1) The registrar may – 

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(a) on application of any party to an appeal, direct that the matter is one of urgency, and determine such

procedures, including time limits, as he or she may consider desirable to fairly and efficiently resolve

the matter;

(b) on good cause shown, condone any failure by any party to an appeal to comply with thisBy-Law or any

directions given in terms hereof, if he or she is of the opinion that such failure has not unduly

prejudiced any other person;

(2) Every application for condonation made in terms of this section must be –

(a) served on the registrar;

(b) accompanied by a memorandum setting forth the reasons for the failure concerned; and

(c) determined by the presiding officer in such manner as he or she considers proper.

(3) Where a failure is condoned in terms of subsection(1)(b), the applicant for condonation must comply with the

directions given by the registrar when granting the condonation concerned.

156 Withdrawal of appeal

An appellant or any respondent may, at any time before the appeal hearing, withdraw an appeal or opposition to an

appealand must give notice of such withdrawal to the registrar and all other parties to the appeal.

PART G: ORAL HEARING PROCEDURE       

 

157 Location of oral hearing

An oral hearingmust be held in a location within the area of jurisdiction of the Municipality but must not be held where

the Municipal Planning Tribunalsits or the office of the Land Development Officerwhosedecision is under appeal.

158 Presentation of each party’s case

(1) Each party has the right to present evidence and make arguments in support of that party’s case.

(2) The appellant will have the opportunity to present evidence and make arguments first, followed by the

Municipal Planning Tribunal or the Land Development Officer.

159 Witnesses

(1) Each party may call witnesses to give evidence before the panel.

(2) A witness may not be present at the hearing before giving evidence unless the witness is:

(a) an expert witness in the proceedings;

(b) a party to the appeal; or

(c) a representative of a party to the appeal.

160 Proceeding in absence of party

(1) If a party does not appear at an oral hearing, the appeal authority may proceed in the absence of the party if

the party wasnotified of the hearing.

(2) Prior to proceeding, the appeal authority must first determine whetherthe absent party received notification

of the date, time andplace of the hearing.

(3) If the notice requirement was not met, the hearing cannotproceed and the presiding officer of the appeal

authority must reschedule the hearing.

161 Recording

Hearings of the appeal authority mustbe recorded.

162 Oaths

Witnesses (including parties) are required to giveevidence under oath or confirmation.

163 Additional documentation

(1) Any party wishing to provide the appeal authority with additional documentation not included in the appeal

record should provide it to the appeal authority at least three days before the hearing date.

(2) The registrarmust distribute the documentation to the other party and the members of the appeal authority.

(3) If the party is unable to provide the additional documentation to the appeal authority at least 3 days prior to

the hearing, the party may provide it to the appeal authority at the hearing.

(4) The party must bring copies of the additional documentation for the members of the appeal authority and the

other party.

(5) If the additional documentation brought to the hearing is substantive or voluminous, the other party may

request an adjournment from the appeal authority.

PART G: WRITTEN HEARING PROCEDURE              

 

164 Commencement of written hearing

The written hearing process commences with the issuanceof a letter from the appeal authority to the parties

establishing asubmissions schedule.

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165 Presentation of each party’s case in written hearing

(1) Each party must be provided an opportunity to provide written submissions to support their case.

(2) The appellant will be given 21days to provide a written submission.

(3) Upon receipt of the appellant’s submission within the timelines, the appeal authority must forward the

appellant’s submission to the Municipal Planning Tribunalor the Land Development Officer.

(4) The Municipal Planning Tribunal  or the Land Development Officerhas 21days in which to provide a

submission in response.

(5) If no submission is received by a party in the time established in the submissions schedule, it will be

deemed that the party declined the opportunity to provide a submission.

166 Extension of time to provide a written submission

(1)  If a party wishes to request an extension of the time established to provide a written submission, this

request must be in writing to the appeal authority in advance of the date on which the submission is due.

(2) Any request for an extension must be accompanied by the reasons for the request.

(3) Following receipt of a request for an extension of time, the appeal authority will issue a decision in writing to

the parties.

167 Adjudication of written submissions

(1) Following receipt of any written submissions from the parties, the registrar must forward the appeal record,

which includes the written submissions, to the appeal authority for adjudication.

(2) If no written submissions are received from the parties, the registrar will forward the existing appeal record

to the appeal authority for adjudication.

(3) Any submission received after the date it was due but before the appeal authority for adjudication has

rendered its decision will be forwarded to the presiding officer of the appeal authority to decide whether or not to accept

the late submission.

(4) The appeal authoritymust issue a decision in writing to the parties and, if the submission is accepted, the

other party will be given seven days to provide a written submission in response.

PART I: DECISION OF APPEAL AUTHORITY

168 Further information or advice

After hearing all parties on the day of the hearing, the appeal authority –

(a) may in considering its decision request any further information from any party to the appeal hearing

or conduct any investigation which it considers necessary;

(b) may postpone the matter for a reasonable period to obtain further information or advice, in which

case it must without delay make a decision as contemplated by paragraph (c);

(c) must within 21 days after the last day of the hearing, issue its decision on the appeal together with

the reasons therefor.

169 Decision of appeal authority

(1) The appeal authority may confirm, vary or revoke the decision of the Municipal Planning Tribunal or Land

Development Officer and may include an award of costs.

(2) The presiding officer must sign the decision of the appeal authority and any order made by it.

170 Notification of decision

The registrar mustnotify the parties of the decision of the appeal authority in terms of section 169, together with the

reasons therefor within seven days after the appeal authority handed down its decision.

171 Directives to municipality

The appeal authority must, in its decision, give directives to the Municipality concerned as to how such a decision

must be implemented and which of the provisions of the Act and the Regulations have to be complied with by the

municipality as far as implementation of the decision is concerned.

PART I: GENERAL

172 Expenditure

Expenditure in connection with the administration and functioning of the appeal authority must be defrayed from

moneys appropriated by the Municipality.

CHAPTER 9

COMPLIANCE AND ENFORCEMENT

173 Enforcement

The Municipality must comply and enforce compliance with—

(a) the provisions of this By-law; 

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(b) the provisions of a land use scheme;

(c) conditions imposed in terms of this By-law or previous planning legislation; and

(d) title deed conditions.

174 Offences and penalties

(1) Any person who—

(a) contravenes or fails to comply with sections58 and 65 and subsection (2);

(b) fails to comply with a compliance notice served in terms of section175;

(c) utilises land in a manner other than prescribed by the land use scheme of the Municipality;

(d) supplies particulars, information or answers in an application or in an appeal to a decision on an

application, knowing it to be false, incorrect or misleading or not believing them to be correct;

(e) falsely professes to be an authorised employee or the interpreter or assistant of an authorised

employee; or

(f) hinders or interferes an authorised employee in the exercise of any power or the performance of any

duty of that employee;

(g) upon registration of the first land unit arising from a township establishment or a subdivision, fails to

transfer all common property, including private roads and private places origination from the

subdivision, to the owners’ association,

is guilty of an offence and is liable upon conviction to a fine or imprisonment not exceeding a period of 20

years or to both a fine and such imprisonment.

(2) An owner who permits land to be used in a manner set out in subsection (1)(c) and who does not cease that use

or take reasonable steps to ensure that the use ceases, or who permits a person to breach the provisions of the land use

scheme of the Municipality, is guilty of an offence and liable upon conviction to a fine or imprisonment for a period not

exceeding 20 years or to both a fine and such imprisonment.

(3) A person convicted of an offence under this By-law who, after conviction, continues with the action in respect

of which he or she was so convicted, is guilty of a continuing offence and liable upon conviction to imprisonment for a

period not exceeding three months or to an equivalent fine or to both such fine and imprisonment, in respect of each day

on which he or she so continues or has continued with that act or omission.

(4) A Municipality must adopt fines and contravention penalties to be imposed in the enforcement of this By-law.

175 Service of compliance notice

(1) The Municipality must serve a compliance notice on a person if it has reasonable grounds to suspect that the

person or owner is guilty of an offence contemplated in terms of section174.

(2) A compliance notice must direct the occupier and owner to cease the unlawful land use or construction

activity or both, forthwith or within the time period determined by the Municipality and may include an instruction to—

(a) demolish unauthorised building work and rehabilitate the land or restore the building, as the case may

be, to its original form within 30 days or such other time period determined by the Municipal Manager;

or

(b) submit an application in terms of this By-law within 30 days of the service of the compliance notice and

pay the contravention penalty.

(3) A person who has received a compliance notice with an instruction contemplated in subsection (2)(a) may not

submit an application in terms of subsection (2)(b).

(4) An instruction to submit an application in terms of subsection (2)(b) must not be construed as an indication

that the application will be approved.

(5) In the event that the application submitted in terms of subsection (2)(b) is refused, the owner must demolish

the unauthorised work.

(6) A person who received a compliance notice in terms of this section may lodge representations to the

Municipality within 30 days of receipt of the compliance notice.

176 Content of compliance notices

(1) A compliance notice must—

(a) identify the person to whom it is addressed;

(b) describe the activity concerned and the land on which it is being carried out;

(c) state that the activity is illegal and inform the person of the particular offence contemplated in

section174 which that person allegedly has committed or is committing through the carrying on of that

activity;

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(d) the steps that the person must take and the period within which those steps must be taken;

(e) anything which the person may not do, and the period during which the person may not do it;

(f) provide for an opportunity for a person to lodge representations contemplated in terms of section177

with the contact person stated in the notice;

(g) issue a warning to the effect that—

(i) the person could be prosecuted for and convicted of and offence contemplated in section174;

(ii) on conviction of an offence, the person will be liable for the penalties as provided for;

(iii) the person could be required by an order of court to demolish, remove or alter any building,

structure or work illegally erected or constructed or to rehabilitate the land concerned or to

cease the activity;

(iv) in the case of a contravention relating to a consent use or temporary departure, the approval

could be withdrawn;

(v) in the case of an application for authorisation of the activity or development parameter, that a

contravention penalty including any costs incurred by the Municipality, will be imposed;

(2) Any person who receives a compliance notice must comply with that notice within the time period stated in the

notice unless the Municipality has agreed to suspend the operation of the compliance notice in terms of section177.

177 Objections to compliance notice

(1) Any person or owner who receives a compliance notice in terms of section 175may object to the notice by

making written representations to the Municipal Manager within 30 days of receipt of the notice.

(2) Subject to the consideration of any objections or representations made in terms of subsection (1) and any

other relevant information, the Municipal Manager—

(a) may suspend, confirm, vary or cancel a notice or any part of the notice; and

(b) must specify the period within which the person who received the notice must comply with any part of

the notice that is confirmed or modified.

178 Failure to comply with compliance notice

If a person fails to comply with a compliance notice the Municipality may—

(a) lay a criminal charge against the person;

(b) apply to an applicable court for an order restraining that person from continuing the illegal activity, to

demolish, remove or alter any building, structure or work illegally erected or constructed without the

payment of compensation or to rehabilitate the land concerned; or

(c) in the case of a temporary departure or consent use, the Municipality may withdraw the approval

granted and then act in terms of section 175.

179 Urgent matters

(1) In cases where an activity must be stopped urgently, the Municipality may dispense with the procedures set

out above and issue a compliance notice calling upon the person or owner to cease immediately.

(2) If the person or owner fails to cease the activity immediately, the Municipality may apply to any applicable

court for an urgent interdict or any other relief necessary.

180 Subsequent application for authorisation of activity

(1) If instructed to rectify or cease an unlawful land use or building activity, a person may make an application to

the Municipality for any land development contemplated in Chapter 5, unless the person is instructed under section 175 to

demolish the building work.

(2) The applicant must, within 30 days after approval is granted, pay to the Municipality a contravention penalty in the

amount determined by the Municipality.

181 Power of entry for enforcement purposes

(1) An authorised employee may, with the permission of the occupier or owner of land, at any reasonable time,

and without a warrant, and without previous notice, enter upon land or enter a building or premises for the purpose of

ensuring compliance with this By-law.

(2) An authorised employee must be in possession of proof that he or she has been designated as an authorised

employee for the purposes of this By-law.

(3) An authorised employee may be accompanied by an interpreter, a police official or any other person who may

be able to assist with the inspection.

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182 Power and functions of authorised employee

(1) In ascertaining compliance with this By-law as contemplated in section 173, an authorised employee may

exercise all the powers and must perform all the functions granted to him or her under section 32 of the Act.

(2) An authorised employee must not have a direct or indirect personal or private interest in the matter to be

investigated.

183 Warrant of entry for enforcement purposes

(1) A magistrate for the district in which the land is situated may, at the request of the Municipality, issue a

warrant to enter upon the land or building or premises if the—

(a) prior permission of the occupier or owner of land cannot be obtained after reasonable attempts; or

(b) purpose of the inspection would be frustrated by the prior knowledge thereof.

(2) A warrant referred to in subsection (1) may be issued by a judge of any applicable court or by a magistrate

who has jurisdiction in the area where the land in question is situated, and may only be issued if it appears to the judge or

magistrate from information on oath that there are reasonable grounds for believing that—

(a) an authorised employee has been refused entry to land or a building that he or she is entitled to

inspect;

(b) an authorised employee reasonably anticipates that entry to land or a building that he or she is entitled

to inspect will be refused;

(c) there are reasonable grounds for suspecting that a contravention contemplated in section174 has

occurred and an inspection of the premises is likely to yield information pertaining to that

contravention; or

(d) the inspection is reasonably necessary for the purposes of this By-law.

(3) A warrant must specify which of the acts mentioned in section 182 may be performed under the warrant by the

person to whom it is issued and authorises the Municipality to enter upon the land or to enter the building or premises and

to perform any of the acts referred to in section 182 as specified in the warrant on one occasion only, and that entry must

occur -(a) within one month of the date on which the warrant was issued; and

(b) at a reasonable hour, except where the warrant was issued on grounds of urgency.

184 Regard to decency and order

The entry of land, a building or structure under this Chapter must be conducted with strict regard to decency and

order, which must include regard to—

(a) a person’s right to respect for and protection of his or her dignity;

(b) the right to freedom and security of the person; and

(c) the right to a person’s personal privacy.

185 Court order

Whether or not a Municipality has instituted proceedings against a person for an offence contemplated in section174,

the Municipality may apply to an applicable court for an order compelling that person to—

(a) demolish, remove or alter any building, structure or work illegally erected or constructed;

(b) rehabilitate the land concerned;

(c) compelling that person to cease with the unlawful activity; or

(d) any other appropriate order.

CHAPTER 10

TRANSITIONAL PROVISIONS

186 Transitional provisions

(1) Any application or other matter in terms of any provision of National or Provincial legislation dealing with

applications that are pending before the Municipality on the date of the coming into operation of this By-law, must be dealt

with in terms of that legislation or if repealed in terms of its transitional arrangements or in the absence of any other

provision, in terms of this By-law, read with section 2(2) and section 60 of the Act;

(2) Where on the date of the coming into operation of an approved land use scheme in terms of section 26(1) of

the Act, any land or building is being used or, within one month immediately prior to that date, was used for a purpose

which is not a purpose for which the land concerned has been reserved or zoned in terms of the provisions of a land use

scheme in terms of this By-law read with section 26of the Act, but which is otherwise lawful and not subject to any

prohibition in terms of this By-law, the use for that purpose may, subject to the provisions of this subsection (3), be

continued after that date read with the provisions of a Town Planning Scheme or land use scheme.

(3) The right to continue using any land or building by virtue of the provisions of subsection (2) must; 

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56 No.   PROVINCIAL GAZETTE, 22 APRIL 2016

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(a) where the right is not exercised in the opinion of the Municipality for a continuous period of 15 months,

lapse at the expiry of that period;

(b) lapse at the expiry of a period of 15 years calculated from the date contemplated in subsection (2);

(c) where on the date of the coming into operation of an approved land use scheme -

(i) a building, erected in accordance with an approved building plan, exists on land to which the

approved land use scheme relates;

(ii) the erection of a building in accordance with an approved building plan has commenced on land

and the building does not comply with a provision of the approved land use scheme, the

building must for a period of 15 years from that date be deemed to comply with that provision.

(d) where a period of 15 years has, in terms of subsection (3), commenced to run from a particular date in

the opinion of the Municipality in respect of any land or building, no regard must, for the purposes of

those subsections, be had to an approved scheme which comes into operation after that date.

(e) within one year from the date of the coming into operation of an approved land use scheme -

(i) the holder of a right contemplated in subsection (2) may notify the Municipality in writing that he

is prepared to forfeit that right;

(ii) the owner of a building contemplated in subsection (3)(c) may notify the Municipality in writing

that he is prepared to forfeit any right acquired by virtue of the provisions of that subsection;.

(4) Where at any proceedings in terms of this By-law it is alleged that a right has lapsed in terms of subsection

(2)(a), such allegation is deemed to be correct until the contrary is proved.

(5) Where any land use provisions are contained in any title deed, deed of grant or 99 year leasehold, which did

not form part of a town planning scheme, such land use provisions apply as contemplated in subsection (2).

(6) If the geographic area of the Municipality is demarcated to incorporate land from another municipality then the

land use scheme or town planning scheme applicable to that land remains in force until the Municipality amends, repeals

or replaces it.

187 Determination of zoning

(1) Notwithstanding the provisions of section 186(2) and (3), the owner of land or a person authorised by the

owner may apply to the Municipality for the determination of a zoning for land referred to in section26(3) of the Act.

(2) When the Municipality considers an application in terms of subsection (1) it must have regard to the following:

(a) the lawful utilisation of the land, or the purpose for which it could be lawfully utilised immediately before

the commencement of this By-law if it can be determined;

(b) the zoning, if any, that is most compatible with that utilisation or purpose and any applicable title deed

condition;

(c) any departure or consent use that may be required in conjunction with that zoning;

(d) in the case of land that was  vacant immediately before the commencement of this By-law, the

utilisation that is permitted in terms of the title deed conditions or, where more than one land use is so

permitted, one of such land uses determined by the municipality; and

(e) where the lawful utilisation of the land and the purpose for which it could be lawfully utilised

immediately before the commencement of this By-law, cannot be determined, the zoning that is the

most desirable and compatible with any applicable title deed condition, together with any departure or

consent use that may be required.

(3) If the lawful zoning of land contemplated in subsection (1) cannot be determined, the Municipality must

determine a zoning and give notice of its intention to do so in terms of section98.

(4) A land use that commenced unlawfully, whether before or after the commencement of this By-law, shall not

be deemed to be the lawful land use.

CHAPTER 11

GENERAL PROVISIONS

188 Delegations

Any power conferred in this By-law on the Municipality, Councilor municipal manager may be delegated by the

Municipality, Counciland the municipal manager subject to section 56 of the Act and section 59 of the Local Government:

Municipal Systems Act.

189 Repeal of by-laws

The (insert the name of the applicable by-laws) are hereby repealed.

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190 Fees payable

Any fee payable to the Municipality in terms of this By-Law is determined annually in terms of section 24(2) of the

Municipal Finance Management Act, 2003 read with sections 74 and 75A of the Municipal Systems Act and forms part of

the By-Law to constitute the Tariff Structure of the Municipality.

191 Policy, procedure, determination, standard, requirement and guidelines

(1) The Municipality may adopt a policy, procedure, determination, standard, requirement or guidelines, not

inconsistent with the provisions of the Act and this By-Law, for the effective administration of this By-Law.

(2) Unless the power to determine is entrusted to the Council, another person or body, the Municipal Manager

may determine anything which may be determined by the Municipality in terms of the Act, the Regulations or this By-Law.

(3) The Municipality must make available any policy, procedure, determination, standard, requirement or

guidelines.

(4) An applicable policy, procedure, determination, standard, requirement and guidelines apply to an application

submitted and decided in terms of this By-Law.

192 Short title and commencement

(1) This By-law is called the Chief Albert Luthuli, Dipaleseng, Dr Pixley Ka Isaka Seme, Lekwa,   Mkhondo and

Msukaligwa Municipal By-law on Spatial Planning and Land Use Management.

(2) This By-law comes into operation on the date of publication in the Provincial Gazette .

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SCHEDULE 1

INVITATION TO NOMINATE A PERSON TO BE APPOINTED AS A MEMBER TO THE -________________________

MUNICIPAL PLANNING TRIBUNAL

In terms of the Spatial Planning and Land Use Management Act, 16 of 2013, the _________________ Municipality hereby

invites nominations for officials or employees of the (insert name of organ of state or non-governmental organisation

contemplated in regulation (3)(2)(a) of the Regulations) to be appointed to the ____________________ Municipal

Planning Tribunal for its first term of office.

The period of office of members will be five years calculated from the date of appointment of such members by the

______________ Municipality.

Nominees must be persons registered with the professional bodies contemplated in section 34(1)(a) – (f) of the Municipal

By-law on Spatial Planning and Land Use Management, 2015, who have leadership qualities and who have knowledge

and experience of spatial planning, land use management and land development or the law related thereto.

Each nomination must be in writing and must contain the following information:

(a) The name, address and identity number of the nominee;

(b) The designation or rank of the nominee in the organ of state or non-governmental organisation;

(c) A short curriculum vitae of the nominee (not exceeding two pages);

(d) Certified copies of qualifications and registration certificates indicating registration with the relevant professional

body or voluntary association.

Nominations must be sent to:

The Municipal Manager

___________ Municipality

P.O. Box ______

_____________

______

For Attention: _____________

For Enquiries: _____________

Tel _________________

_________________________________________________________________________

* I, …………………………………………………..…..(full names of nominee),

ID No (of nominee) …………………………………………….,

hereby declare that –

(a) I am available to serve on ______________ Municipal Planning Tribunal and I am willing to serve as chairperson

or deputy chairperson should the Council designate me OR I am not willing to serve a chairperson or deputy

chairperson (delete the option not applicable);

(b) there is no conflict of interest OR I have the following interests which may conflict with the ______________

Municipal Planning Tribunal which I have completed on the declaration of interest form (delete the option not

applicable);

(c) I am not disqualified in terms of section 38 of the Spatial Planning and Land Use Management Act, 16 of 2013 to

serve on the ______________ Municipal Planning Tribunal and I authorise the ______________ Municipality to

verify any record in relation to such disqualification or requirement.

(d) I undertake to sign, commit to and uphold the Code of Conduct applicable to members of the ________________

Municipal Planning Tribunal.

No nominations submitted after the closing date will be considered.

CLOSING DATE: (INSERT DATE)

______________________

Signature of Nominee

______________________

Full Names of Nominee

______________________

Signature of Person signing on behalf of the Organ of State or Non-Governmental Organisation

______________________

Full Names of Person signing on behalf of the Organ of State or Non-Governmental Organisation

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SCHEDULE 2

CALL FOR NOMINATIONS FOR PERSONS  TO BE APPOINTED AS MEMBERS TO THE  -________________________ MUNICIPAL PLANNING TRIBUNAL

CLOSING DATE: (INSERT DATE)

In terms of the Spatial Planning and Land Use Management Act, 16 of 2013, the _________________ Municipality hereby

call for nominations for members of the public to be appointed to the ____________________ Municipal Planning Tribunal

for its first term of office.

The period of office of members will be five years calculated from the date of appointment of such members by the

______________ Municipality.

Nominees must be persons registered with the professional bodies contemplated in section34(1)(a) – (f) of the Municipal

By-law on Spatial Planning and Land Use Management, 2015, who have leadership qualities and who have knowledge

and experience of spatial planning, land use management and land development or the law related thereto.

Each nomination must be in writing and must contain the following information:

(a) The name and address of the nominator, who must be a natural person and a person may nominate himself or

herself;

(b) The name, address and identity number of the nominee;

(d) Motivation by the nominator for the appointment of the nominee to the ____________________ Municipal

Planning Tribunal (no less than 50 words and no more than250 words);

(e) A short curriculum vitae of the nominee (not exceeding two pages);

(f) Certified copies of qualifications and registration certificates indicating registration with the relevant professional

body or voluntary association.

Please note that failure to comply with the above requirements will result in the disqualification of the nomination.

Nominations must be sent to:

The Municipal Manager

___________ Municipality

P.O. Box ______

_____________

______

For Attention: _____________

For Enquiries: _____________

Tel _________________

_________________________________________________________________________

* I, …………………………………………………..…..(full names of nominee),

ID No (of nominee) …………………………………………….,

hereby declare that –

(a) I am available to serve on ______________ Municipal Planning Tribunal and I am willing to serve as chairperson

or deputy chairperson should the Council designate me / I am not willing to serve a chairperson or deputy

chairperson (delete the option not applicable);

(b) there is no conflict of interest OR I have the following interests which may conflict with the ______________

Municipal Planning Tribunal and which I have completed on the declaration of interest form (delete the option not

applicable);

(c) I am not disqualified in terms of section 38 of the Spatial Planning and Land Use Management Act, 16 of 2013 to

serve on the ______________ Municipal Planning Tribunal and I authorise the ______________ Municipality to

verify any record in relation to such disqualification or requirement;

(d) I undertake to sign, commit to and uphold the Code of Conduct applicable to members of the ________________

Municipal Planning Tribunal.

No nominations submitted after the closing date will be considered.

______________________

Signature of Nominee

______________________

Full Names of Nominee

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SCHEDULE 3

DISCLOSURE OF INTERESTS FORM

I, the undersigned,

Full names:   _______________________________

Identity Number: _______________________________

Residing at:   _______________________________

_______________________________

do hereby declare that -

(a) the information contained herein fall within my personal knowledge and are to the best of my knowledge

complete, true and correct, and

(b) that there is no conflict of interest between myself and the ___________________ Municipal Planning Tribunal;

or

(c) I have the following interests which may conflict  or potentially conflict with the interests of  the

_____________________ Municipal Planning Tribunal;

CONFLICTING INTERESTS

(d) thenon-executive directorships previously or currently held and remunerative work, consultancy and retainership

positions held as follows:

  1. NON-EXECUTIVE DIRECTORSHIP

Name of Company Period

5.

  1. REMUNERATIVE WORK, CONSULTANCY & RETAINERSHIPS

Name of Company&

Occupation

Type of Business Rand amount per

month

Period

  1. CRIMINAL RECORD

Type of Offence Dates/Term of Sentence

1.

(e) I am South African citizen or a permanent resident in the Republic

(f) I am not a member of Parliament, a provincial legislature, a Municipal Council or a House of Traditional Leaders;

(g) I am not an un-rehabilitated insolvent;

(h) I have not been declared by a court of law to be mentally incompetent and have not been detained under the

Mental Health Care Act, 2002 (Act No. 17 of 2002);

(i) I have not at any time been convicted of an offence involving dishonesty;

(j) I have not at any time been removed from an office of trust on account ofmisconduct;

(k) I have not previously been removed from a tribunal for a breach of any provision ofthe Spatial Planning and Land

Use Management Act, 2013 or provincial legislation or the Land Use Planning By-Laws, 2015 enacted by the

__________________ Municipality.;

(l) I have not been found guilty of misconduct, incapacity or incompetence; or 

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(m) I have not failed to comply with the provisions of the Spatial Planning and Land Use Management Act, 2013 or

provincial legislation or the Land Use Planning By-Laws, 2015 enacted by the __________________

Municipality.

Signature of Nominee: _________________________

Full Names: __________________________________

SWORN to and SIGNED before me at _______________on this _________day of_____________.

The deponent having acknowledged that he knows and understands the contents of this affidavit, that the contents are

true, and that he or she has no objection to taking this oath and that he or she considers the oath to be binding on his

orher conscience.

_______________________

COMMISSIONER OF OATHS

FULL NAMES: ________________________________

DESIGNATION: ________________________________

ADDRESS:   ________________________________

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SCHEDULE 4

CODE OF CONDUCT OF MEMBERS OF THE MUNICIPAL PLANNING TRIBUNAL

I, the undersigned,

Full names:   _______________________________

Identity Number: _______________________________

Residing at:   _______________________________

_______________________________

do hereby declare that I will uphold the Code of Conduct of the ________________ Municipal Planning Tribunal contained

hereunder:

General conduct

  1. A member of the Municipal Planning Tribunal must at all times—

(a) act in accordance with the principles of accountability and transparency;

(b) disclose his or her personal interests in any decision to be made in the planning process in which he or she

serves or has been requested to serve;

(c) abstain completely from direct or indirect participation as an advisor or decision-maker in any matter in which

he or she has a personal interest and leave any chamber in which such matter is under deliberation unless

the personal interest has been made a matter of public record and the municipality has given written approval

and has expressly authorised his or her participation.

  1. A member of the Municipal Planning Tribunal must not—

(a) use the position or privileges of a member of the Municipal Planning Tribunal or confidential information

obtained as a member of the Municipal Planning Tribunal for personal gain or to improperly benefit another

person; and

(b) participate in a decision concerning a matter in which that member or that members’ spouse, partner or

business associate, has a direct or indirect personal interest or private business interest.

Gifts

  1. A member of the Municipal Planning Tribunal must not receive or seek gifts, favours or any other offer under

circumstances in which it might reasonably be inferred that the gifts, favours or offers are intended or expected to

influence a person’s objectivity as an advisor or decision-maker in the planning process.

Undue influence

  1. A member of the Municipal Planning Tribunal must not—

(a) use the power of any office to seek or obtain special advantage for private gain or to improperly benefit

another person that is not in the public interest;

(b) use confidential information acquired in the course of his or her duties to further a personal interest;

(c) disclose confidential information acquired in the course of his or her duties unless required by law to do so

or by circumstances to prevent substantial injury to third persons; and

(d) commit a deliberately wrongful act that reflects adversely on the Municipal Planning Tribunal, the

Municipality, the government or the planning profession by seeking business by stating or implying that he

or she is prepared, willing or able to influence decisions of the Municipal Planning Tribunal by improper

means.

Signature of Nominee: _________________________

Full Names: __________________________________

Date: _________________________________

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SCHEDULE 5

OWNERS’ ASSOCIATIONS

General

  1. The Municipality may, when approving an application for a subdivision of land impose conditions relating to the

compulsory establishment of an owners’ association by the applicant for an area determined in the conditions.

  1. An owners’ association that comes into being by virtue of subitem1 is a juristic person and must have a

constitution.

  1. The constitution of an owners’ association must be approved by the Municipality before the transfer of the first land

unit and must provide for―

(a) the owners’ association to formally represent the collective mutual interests of the area, suburb or

neighbourhood set out in the constitution in accordance with the conditions of approval;

(b) control over and maintenance of buildings, services or amenities arising from the subdivision;

(c) the regulation of at least one yearly meeting with its members;

(d) control over the design guidelines of the buildings and erven arising from the subdivision;

(e) the ownership by the owners’ association of private open spaces, private roads and other services arising

out of the subdivision;

(f) enforcement of conditions of approval contemplated in section 54 or management plans;

(g) procedures to obtain the consent of the members of the owners’ association to transfer an erf in the event

that the owners’ association ceases to function;

(h) the implementation and enforcement by the owners’ association of the provisions of the constitution.

  1. The constitution of an owners’ association may have other objects as set by the association but may not contain

provisions that are in conflict with any law.

  1. The constitution of an owners’ association may be amended when necessary provided that an amendment that

affects the Municipality or a provision referred to in subitem 3 is approved by the Municipality.

6 An owners’ association which comes into being by virtue of subitem 1 -(a)  has as its members all the owners of land units originating from the subdivision and their successors in title,

who are jointly liable for expenditure incurred in connection with the association; and

(b) is upon registration of the first land unit, automatically constituted.

  1. The design guidelines contemplated in subitem 3(d) may introduce more restrictive development rules than the

rules provided for in the zoning scheme.

  1. If an owners’ association fails to meet any of its obligations contemplated in subitem 3 and any person is, in the

opinion of the Municipality, adversely affected by that failure, the Municipality may take appropriate action to rectify

the failure and recover from the members referred to in subitem6(a), the amount of any expenditure incurred by it in

respect of those actions.

  1. The amount of any expenditure so recovered is, for the purposes of subitem8, considered to be expenditure

incurred by the owners’ association.

Owners’ association ceases to function

  1. If an owners’ association ceases to function or carry out its obligations, the Municipality may―

(a) take steps to instruct the association to hold a meeting and to reconstitute itself;

(b) subject to the amendment of the conditions of approval remove the obligation to establish an owners’

association; or

(c) subject to amendment of title conditions pertaining to the owners’ association remove any obligations in

respect of an owners’ association.

  1. In determining which option to follow, the Municipality must have regard to―

(a) the purpose of the owners’ association;

(b) who will take over the maintenance of infrastructure which the owners’ association is responsible for, if at all;

and

(c) the impact of the dissolution or the owners’ association on the members and the community concerned.

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63

SCHEDULE 6

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE ESTABLISHMENT OF A TOWNSHIP OR

THE EXTENSION OF THE BOUNDARIES OF A TOWNSHIP

  1. An application for the amendment of an existing scheme or land use scheme by the rezoning of land must, in

addition to the documentation referred to in section90(2), be accompanied by –

(a) a certified copy of the title deed of the land;

(b) acopy of the diagram of every property concerned or, where such diagram is notavailable, a plot

diagram to every piece of land concerned;

(c) alocality plan on an appropriate scale;

(d) a layout plan in the scale approved by the Council and containing the information as considered necessary

by the Municipality;

(g) draft conditions of establishment for the proposed township in the format approved by the Council;

(h) a copy of the appropriate zoning of the applicable land;

(i) an engineering geological investigation and report compiled by a suitably qualified professional;

(j) an undermining stability report, where applicable, compiled by a suitably qualified professional

(k) if the land is encumbered by a bond, the consent of the bondholder’

(l) confirmation whether or not a mining or prospecting right or permit over the land is held or is being

applied for in terms of the Mineral and Petroleum Resources Development Act, 2002;

(m) other limited real rights on the property;

(n) confirmation and details of any land claims on the property;

(o) aconveyancer's certificate;

(p) in the case of the extension of the boundaries of a township, the consent from the Surveyor-General

to the proposed extension of boundaries.

2, An application contemplated in Part H of Chapter 5 does not have to be accompanied by a certified copy of the title

deed of the relevant land or the consent of the bondholder.

  1. The motivation contemplated in section90(2)(d) must contain at least the following information:

(a) The development intentions of the municipality on the application property; as contained in the spatial

development framework and other municipal policies;

(b) compliance with applicable norms and standards and development principles in the municipality;

(c) the existing land use rights on the property;

(d) the need and desirability of the proposed land development;

(e) the effect of the development on the use or development of other land which has a common means of

drainage;

(f) any environmental implications of the proposed land development;

(g) an indication whether an application must be made for an environmental authorization in terms of the

National Environmental Management Act (Act 107 of 1998);

(h) the density of the proposed development

(i) the area and dimensions of each erf in the proposed township;

(j) the layout of roads having regard to their function and relationship to existing roads;

(k) the provision and location of public open space and other community facilities; 

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(l) any phased developments;

(m) ifthe land is not serviced and no provision has been made for a waterborne sewer system, the capacity of

the land to treat and retain all sewage and sullage within the boundaries of each erf or subdivided land

parcel; and

(n) the applicable regulations as contained in the land use scheme.

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65

SCHEDULE 7

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE AMENDMENT OF AN EXISTING SCHEME

OR LAND USE SCHEME BY THE REZONING OF LAND

  1. An application for the amendment of an existing scheme or land use scheme by the rezoning of land must, in

addition to the documentation referred to in section90(2), be accompanied by –

(a) a certified copy of the title deed of relevant land;

(b)   acopy of the diagram of every application property or, where such diagram is not available, a plot

diagram to every piece of land being the subject of the application;

(c) a locality plan on an appropriate scale;

(d) a zoning plan or land use rights plan, in colour and on an appropriate scale, of the application surrounding

properties;

(e) the amendment scheme map and schedule approved by the Council;

(f) if the land is encumbered by a bond, the consent of the bondholder,

2, An application contemplated in Part H of Chapter 5 does not have to be accompanied by a certified copy of the title

deed of the relevant land or the consent of the bondholder.

  1. The motivation contemplated in section90(2)(d) must contain at least the following information:

(a)   An indication of the persons, communities and institutions likely to be affected by the amendment

and the likely impact on them;

(b) theinterest of the applicant in bringing the application;

(c) a discussion on the content of the scheme prior to the proposed amendment and the need for the

amendment;

(d) a discussion on the proposed amendment;

(e) theexpected impact on the current, adopted municipal spatial development framework and

integrated development plan;

(f) thepossible impact of the amendment on the environment and probable mitigating elements;

(g) anindication whether an application must be made for an environmental authorization in terms of the

National Environmental Management Act, 1998;

(h) an indication of the persons, communities and institutions likely to be affected by the amendment

and the likely impact on them.

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SCHEDULE 8

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE REMOVAL, AMENDMENT OR

SUSPENSION OF A RESTRICTIVE OR OBSOLETE CONDITION, SERVITUDE OR RESERVATION REGISTERED

AGAINST THE TITLE OF THE LAND

  1. An application for theremoval, amendment or suspension of a restrictive or obsolete condition, servitude or

reservation registered against the title of the landmust, in addition to the documentation referred to in section 90(2),

be accompanied by –

(a) a certified copy of the title deed of the land;

(b) acertified copy of the notarial deed of servitude;

(c) acopy of the diagram of every property concerned or, where such diagram is notavailable, a plot

diagram to every piece of land concerned;

(d) acopy of the servitude diagram approved by the Surveyor-General;

(e) alocality plan on an appropriate scale;

(f) a description of all existing and proposed servitudes and services on the land; and

(g) if the land is encumbered by a bond, the consent of the bondholder.

  1. The motivation contemplated in section90(2)(d) must make specific reference to the applicable condition or

servitude, as well as a motivation on the necessity and desirability of the application.

SCHEDULE 9

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION OF THE AMENDMENT OR CANCELLATION IN

WHOLE OR IN PART OF A GENERAL PLAN OF A TOWNSHIP

  1. An application for theamendment or cancellation in whole or in part of a general plan must, in addition to the

documentation referred to in section90(2), be accompanied by –

(a) copies of the relevant sheet of the general plan which may be reduced copies of the original;

(b) copies of a plan of the township showing the posed alteration or amendment or, if partial cancellation is

applied for, the portion of the plan cancelled;

(c) copy of the title deed which is registered in the Deeds Office at the time when the application is submitted of

the land affected by the alteration, amendment or total or partial cancellation;

(d) if the land is encumbered by a bond, the bondholder’s consent;

  1. The motivation contemplated in section90(2)(d) must state the reasons for the posed alteration or amendment.

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SCHEDULE 10

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE SUBDIVISION OF ANY LAND

  1. An application for the subdivision of land must, in addition to the documentation referred to in section90(2), be

accompanied by –

(a) a certified copy of the title deed of the land;

(b) acopy of the diagram of every property concerned or, where such diagram is notavailable, a plot

diagram to every piece of land concerned;

(c) the appropriate consent where required in terms of the Subdivision of Agricultural Land Act, 1970 (Act No.

70 of 1970);

(d) alocality plan on an appropriate scale;

(f) a layout plan in the scale approved by the Council and containing the information as considered necessary

by the Municipality;

(g) draft conditions of establishment for the proposed subdivision;

(h) a copy of the appropriate zoning of the applicable land;

(i) if the land is encumbered by a bond, the consent of the bondholder.

  1. The motivation contemplated in section 90(2)(d) must contain at least the following information:

(a)   The development intentions of the municipality on the application property, as contained in the

spatial development framework and other municipal policies;

(b) the need and desirability of the proposed subdivision;

(c) a justification on the suitability of the land for subdivision;

(d) a  traffic impact assessment of the proposed development;

(e) an assessment of the social impact of the proposed land development;

(f) the impact of the proposed land development on the future use of land in the locality;

(g) the impact of the proposed subdivision on the future use of land in the locality;

(h) the availability of subdivided land in the area and the need for the creation of further erven or

subdivisions;

(i) the effect of the development on the use or development of other land which has a common means

of drainage;

(j) the subdivision pattern having regard to the physical characteristics of the land including existing

vegetation;

(k) the density of the proposed development;

(l) the area and dimensions of each erf;

(m) the layout of roads having regard to their function and relationship to existing roads;

(n) the existing land use rights on the property;

(o) the movement of pedestrians and vehicles throughout the development and the ease of access to

all erven;

(p) the provision and location of public open space and other community facilities;

(q) the phasing of the subdivision;

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(r) the provision and location of common property;

(s) the functions of any body corporate;

(t) the availability and provision of municipal services;

(u) if the land is not serviced and no provision has been made for a waterborne sewer system, the

capacity of the land to treat and retain all sewage and sullage within the boundaries of each erf or

subdivided land parcel;

(v) whether, in relation to subdivision plans, native vegetation can be protected through subdivision

and siting of open space areas;

(w) an indication whether an application must be made for an environmental authorization in terms of the

National Environmental Management Act, 1998;

(x) the existing land use rights on the property; and

(y) the applicable regulations as contained in the land use scheme.

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SCHEDULE 11

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE CONSOLIDATION OF ANY LAND

  1. An application for the consolidation of land must, in addition to the documentation referred to in section 90(2), be

accompanied by –

(a) a certified copy of the title deed of the land;

(b) acopy of the diagram of every property concerned or, where such diagram is notavailable, a plot

diagram to every piece of land concerned;

(c) alocality plan on an appropriate scale;

(d) a layout plan in the scale approved by the Council;

(e) draft conditions of establishment for the proposed consolidation;

(f) a copy of the appropriate zoning of the applicable land;

(g) if the land is encumbered by a bond, the consent of the bondholder.

  1. The motivation contemplated in section90(2)(d) must explain and motivate the application.

SCHEDULE 12

ADDITIONAL DOCUMENTS REQUIRED FOR THE PERMANENT CLOSURE OF A PUBLIC PLACE IF AN

APPLICATION IS SUBMITTED

  1. An application for the permanent closure of a public placemust, in addition to the documentation referred to in

section 90(2), be accompanied by –

(a) a copy of the relevant general plan;

(b) a copy of the approved conditions of establishment of the existing township;

(c) alocality plan on an appropriate scale;

(d) a layout plan in the scale approved by the Council;

  1. The motivation contemplated in section90(2)(d) must explain and motivate the application.

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SCHEDULE 13

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR CONSENT OR APPROVAL REQUIRED IN

TERMS OF A CONDITION OF TITLE, A CONDITION OF ESTABLISHMENT OF A TOWNSHIP OR CONDITION OF AN

EXISTING SCHEME OR LAND USE SCHEME

  1. An application for the consent or approval required in terms of a condition of title, a condition of establishment of a

township or condition of an existing scheme or land use scheme must, in addition to the documentation referred to

in section 90(2), be accompanied by –

(a) a certified copy of the title deed of relevant land;

(b)   acopy of the diagram of every application property or, where such diagram is not available, a plot

diagram to every piece of land being the subject of the application;

(c) a locality plan on an appropriate scale;

(d) adescription of all existing and proposed servitudes and/or services on the applicable land;

(e) thecopy of the land use rights certificate on the applicable land;

(f) if the land is encumbered by a bond, the consent of the bondholder;

(g) azoning plan or land use rights plan; and

(h) a land use plan.

  1. The motivation contemplated in section90(2)(d) must make specific reference to the zoning and other regulations

in terms of the land use scheme.

SCHEDULE 14

ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR TEMPORARY USE

  1. An application for temporary use must, in addition to the documentation referred to in section 90(2), be accompanied

by –

(a) a power of attorney from the registered owner of the landif the applicant is not the registered owner;

(b) if the land is encumbered by a bond, the bondholder’s consent’

(c) a locality plan;

(d) a copy of the title deed which is registered in the Deeds Office at the time when the application is submitted;

(e) a copy of the zoning certificate, including any notices published in terms of this By-law which has the

purpose of changing the land use rights which may be applicable.

  1. The motivation contemplated in section 90(2)(d) must contain at least the following information:

(a) reference to the objective and principles contained in this By-law;

(b) reference to the Integrated Development Plan and Municipal Spatial Development Framework and its

components and any other policies, plans or frameworks with specific reference on how this application

complies with it or deviated from it;

(c) The need and desirability of the application;

(d) Discuss the application in terms of the Development Principles, norms and standards as referred to in

Chapter 2 of the Act.

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SCHEDULE 15

CODE OF CONDUCT FOR MEMBERS OF THE MUNICIPAL APPEAL TRIBUNAL

I, the undersigned,

Full names:   _______________________________

Identity Number: _______________________________

Residing at:    _______________________________

_______________________________

_______________________________

do hereby declare that I will uphold the Code of Conduct of the ________________ Municipal Appeal Tribunal contained

hereunder:

General conduct

  1. A member of the Municipal Appeal Tribunal must at all times—

(a) act in accordance with the principles of accountability and transparency;

(b) disclosehis or her personal interests in any decision to be made in the appeal process in which he or she

serves or has been requested to serve;

(c) abstain completely from direct or indirect participation as an advisor or decision-maker in any matter in which

he or she has a personal interest and leave any chamber in which such matter is under deliberation unless

the personal interest has been made a matter of public record and the Municipality has given written

approval and has expressly authorised his or her participation.

  1. A member of the Municipal Appeal Tribunal must not—

(a) use the position or privileges of a member of the Municipal Appeal Tribunal or confidential information

obtained as a member of the Municipal Appeal Tribunal for personal gain or to improperly benefit another

person; and

(b) participate in a decision concerning a matter in which that member or that members’ spouse, partner or

business associate, has a direct or indirect personal interest or private business interest.

Gifts

  1. A member of the Municipal Appeal Tribunal must not receive or seek gifts, favours or any other offer under

circumstances in which it might reasonably be inferred that the gifts, favours or offers are intended or expected to

influence a person’s objectivity as a member of the Municipal Appeal Tribunal.

Undue influence

  1. A member of the Municipal Appeal Tribunal must not—

(e) use the power of any office to seek or obtain special advantage for private gain or to improperly benefit

another person that is not in the public interest;

(f) use confidential information acquired in the course of his or her duties to further a personal interest;

(g) disclose confidential information acquired in the course of his or her duties unless required by law to do so

or by circumstances to prevent substantial injury to third persons; and

(h) commit a deliberately wrongful act that reflects adversely on the Municipal Appeal Tribunal, the Municipality,

the government or the planning profession by seeking business by stating or implying that he or she is

prepared, willing or able to influence decisions of the Municipal Appeal Tribunal by improper means.

Signature of Nominee: _________________________

Full Names: __________________________________

Date: _________________________________

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PROVINSIALE KOERANT, 22 APRIL 2016 No.   73

PROCLAMATION • PROKLAMASIE

XXX The Spatial Planning and Land Use Management (SPLUM) By-law: Chief Albert Luthuli, Dipaleseng, Dr Pixley

ka Isaka Seme, Lekwa, Mkhondo and Msukaligwa Local Municipalities ............................................................1

Page

No.

Gazette

No.

CONTENTS

______________________________________________________________________________________________________________________________________________

 

 

 

Service Delivery Charter

VISION
A model municipality of excellence.

MISSION
Committed to deliver quality and sustainable services that will enhance economically viable and better life for our community.

CORE VALUES
- Excellence
- Honesty
- Openness
- Responsiveness
- Professionalism

SERVICES WE PROVIDE

1. MUNICIPAL MANAGER’S OFFICE:
1.1. Performance Management System
- Monitor and evaluate performance agreements specifying the KPA, CCR, COC & CMC for each sections 54 & 56 employees
- Monitor and evaluate performance plans
- Facilitating the development of Departments, Branch or Section scorecards
- Facilitating and developing of individual performance plans and personal development plans
-  Giving guidance and advice on the application of the appraisal system, and conducting training/ workshops on the appraisal system.
- Explaining qualitative and quantitative outcomes, elaborating on reasoning and/ or the need for alignment with respect to specific objectives and measures.
- Conduct  quarterly performance reviews
- Conduct annual performance reviews

1.2. Internal Audit
- Develop one service audit plan for all departments in Mkhondo Local Municipality annually as per MFMA; International Standards for the professional Practice of Internal Auditing, National Treasury Risk, and Internal audit Framework, king 111, Internal Audit Charter
- Render Audit services for Mkhondo Local Municipality in all departments as per the Internal Audit Charter, International Standard for the Professional Practice of Internal Auditing on quarterly basis
- Conduct Follow-up on prior Audits for Mkhondo LM in the MP303 as per the International Standards for the Professional Practice of Internal Auditing on monthly/ quarterly basis.

1.3. Legal Services and Properties
- Render legal advice & opinions per need for Mkhondo LM within MP303 daily.
- Draft municipal agreements and or vet agreements
- Review and monitor lease agreement
- Manage and monitor municipal contracts.
- Draft by-laws to ensure compliance with the customized affairs of the Municipality.
- Facilitate allocation of sites for community within MP303 as and when required per Municipal Property Rates Act, 6 of 2004.
- Coordinate maintenance of Municipal buildings within MP303 as and when required per Municipal Finance Management Act, 2003
- Identify and monitor land for sale to community within MP303 as and when required per MMFA

1.4. Forestry
- Manage and maintain municipal forestry
- Manage a sustainable forest that is socially acceptable, environmentally friendly and economically viable.


2. Planning and Development
2.1. IDP
2.2. LED unit
- Coach and facilitate economic development training activities for SMME’s, Co-Ops, and Youth & Women as guided by the National LED Framework/MSA within 30 working days.
- Provide quality guidance, advice and information to clientele community as guided by the MSA / National LED Framework on daily basis.
- Create access to economic initiatives and support programmes for the community as per MSA / National LED Framework on daily basis.
- Annual coordinate LED initiatives for integrated planning with Government Sector Department & Private Sector as guided by MSA/National LED Framework.
2.3. Tourism
2.4. CRDP

2.5. Town Planning
- Capture data as per spatial references in five Working days after receiving the Surveyor general approval
- Perform building inspections on new buildings in one working day after logged request
- Inspect and follow up reported contraventions in two working days to comply with the legislation and by laws
- Supply requested building copies in one working day
- Supply occupation certificate as per approved and inspect building in two working days.
- Assist and  Resolve the request for temporal land use in five working day
- Consider development applications for community within MP303 daily as per Town Planning and Townships Ordinance, 1986
- Establish townships for community within MP303 as and when required per Town Planning and Townships Ordinance, 1986.
- Enforce appropriate land use daily for community within MP303 as per Piet Retief Town Planning Scheme, 1980.

2.6. Building Control
- Consider building plans per request for community within MP303 daily as per National Building Regulations and Building Standards Act 103 of 1977 as amended
- Inspect buildings/structures per request for community within MP303 daily as per National Building Regulations and Building Standards Act 103 of 1977 as amended
- Consider demolition of buildings per request for community within MP303 daily as per National Building Regulations and Building Standards Act 103 of 1977 as amended

2.7 Human Settlement

- Register housing needs or community within MP303 quarterly as per National Housing Act, 107 of 19 Review and adopt Housing Sector Plan to determine allocation for community within MP303 annually as per Housing Act, 107 Constitution Chapter 2 1997
- Submit subsidy request report for community within MP303 annually as per Constitution Chapter 2 1997
- Conduct Consumer education for community within MP303 annually as per National Housing Code Act 107, 1997


3. TECHNICAL SERVICES
3.1 Water
- Provide 26.2Ml of Potable water in Piet Retief, Driefontein, Amsterdam and Rural daily in MP303 as per bill of Rights governed by the constitution of the Republic.
- Provide, monitor and maintain water supply, in eMkondo, Amsterdam and Driefontein daily in MP303 as per Water Service Act 107 of 1997 and MFMA

3.2 Sanitation
- Provide, monitor and maintain both dry and wet sanitation as per bill of Rights governed by the constitution of the Republic.

3.3 Roads and Storm Water

- Provide, monitor and maintain both gravel and tarred roads, storm water systems as per bill of Rights governed by the constitution of the Republic.

3.4. Electrical Service
- Provide, monitor and maintain electricity supply, in eMkondo and Amsterdam daily in MP303 as per bill of Rights governed by the constitution of the Republic.

3.5 PMU

- Implement infrastructure projects
- Manage conditional grants
- Manage the implementation of infrastructure projects using conditional grants namely; INEP, MIG etc.


4. COMMUNITY SERVICES:
4.1 Waste Management
- Collect all household waste once per week in a section as per the national waste management act and by-laws
- Maintain a Clean and healthy environment as per the municipal waste management by-laws

Sport
- Promote of sport and culture development for the MP303 community, municipal staff and sector department as per the national sport and recreational plan

Library
- Render library services as per the national library of South Africa Act and Public/community library manual

4.2 Fire and Rescue
- Prevent fire daily in all wards and communities of MP303 as per the fire Act
- Prevent and assess disaster daily in all wards and communities of MP303 as per the disaster management Act
- Save lives and protect property as required in communities of MP303 as per the fire Act and OHS Act

4.3 Licensing
- Test motor vehicles for roadworthiness and issue roadworthy certificate as per the application for the public as per the SABS 10047 and SANS 1026
- Test of learners’ license and driver’s license applications as per K53 requirements
- Issue of learners’ driver’s license to public as per application, NRTA Act 93 of 1996.
- Register of motor vehicle and issue license disc as per the NRTA 93 of 1996, as per application
- Issue of a driver’s license card as per the NRTA Act 93 of 1996

4.4 Traffic
- Enforce traffics laws to all wards as per NRTA Act 93 of 1996 at MP303 daily to all road users
- Attend to accidents to all wards as per NRTA 93 of 1996 to all road users of MP303 daily
- Escort abnormal vehicles through town Mkhondo as per NRTA 93 of 1996 daily
- Conduct Road safety campaigns to all wards as per NRTA 93 of 1996 to all road users of MP303 as per schedule


5. FINANCE
5.1 Expenditure
- Pay service providers as per invoice received in MP303 in accordance with MFMA, within 30days
- Pay salaries to all employees of MP303 as stipulated by the Condition of basic employment Act, Employment Equity Act, Municipal Finance Management Act and Municipal Systems Act, monthly
- Pay third parties within MP303 according to the Pension Acts, Medical aid scheme Act. Monthly
- Submit VAT 201 returns to SARS of MP303 as per invoices paid in accordance with Value Added Tax Act monthly.
- Submit EMP 201 return reports to SARS as per salaries paid in accordance with SARS Act, Monthly
- Reconcile bank and general ledger per transaction for municipality in MP303 in compliance with MFMA and NCA monthly.
- Control all payment vouchers of expenditure division within MP303 in accordance with record and archive management Act daily

5.2 Supply Chain Management
- Appoint service providers per request for the public in accordance with Municipal SCM Policy, MFMA daily.
- Manage assets for the public within MP303 as per MFMA annually
- Manage supplier database from the public as per Municipal Systems Act, PPPFA, annually.
- Educate all service providers about standard requirements i as per PPPFA, as per need.
- Procure stock materials as per schedule in compliance with SCM Regulations daily.  
- Issue stock & Material for Mkhondo Municipality within MP303 as per MFMA regulation 2003 daily.
- Coordinate all Bid Committees for Mkhondo Municipality within MP303 as per MFMA quarterly

5.3. Revenue
- Register all qualifying Indigent households in the community under MP303, according to the MFMA, RSA Constitution & Indigent Policy of Mkhondo LM annually.
- Provide Customer Care to community within MP303 as per Batho Pele White Paper 1997, RSA Constitution, daily.
- Allocate all payments from community within MP303 as per MFMA Banking and Cash Management Policy daily.
- Bill all consumers within MP303 as per MFMA monthly.

5.4. Budget
- Compile a municipal budget as per MFMA and RSA Constitution Budget policy for Mkhondo Municipality within MP303 annually.
- Coordinate all operational plans annually as per RSA Constitution Budget time schedule of deadlines for Mkhondo Municipality within MP303
- Reviewed RSA Constitution budget related policies annually as per MFMA legislation for Mkhondo Municipality within MP303

5.5. Reporting
- Compile monthly section 71 reports for Mkhondo Municipality within MP303
- Compile quarterly MFMA section 52(d) for Mkhondo Municipality within MP303
- Manage monthly investment accounts for Mkhondo Municipality as per MFMA legislation & RSA Constitution investment policy within MP303


6. CORPORATE SERVICES
6.1 Mayoralty and Communications
- Coordinate all integrated youth development programmes for the community within MP 303 as per National Youth Development Act No 19 1996 and Constitution of the RSA daily
- Develop and implement Communication Strategy for 19 Wards of MP 303 in compliance with the PAIA, Constitution and MFMA annually.
- Manage internal and external communication of all Municipal employees and 19 Wards of MP 303 in accordance with PAIA, Constitution and MFMA daily.
- Coordinate referrals and petitions received from the Presidency, Provincial Legislature and Public Protector within MP 303 in compliance with Public Protector Act, Promotion Access to Information Act, RSA Constitution Batho Pele Principles daily.
- Improve public participation to all 19 Ward Committees and community of the Municipality of MP 303 as and as per the Municipal Structures Act, RSA Constitution and Batho Pele Principles monthly.

- Develop and monitor implementation of Ward Operational Plans within the Municipality of MP 303 in compliance Municipal Structures Act, RSA Constitution and Batho Pele Principles annually Transversal Target Groups
- Coordinate all target groups programmes (youth disability woman & children elderly HIV & AIDS) for the community within MP303 daily

6.2. Secretariat, Auxiliary and Records   
- Clean all the municipal buildings to keep a hygienic environment for councilors, officials and the community at large
- Attend the reception area as per the Batho Pele principles
- Lease halls to the Councilors, officials and Community as per the municipal by-law

6.3 Human Resource Management
- Appoint employees per need from the public daily as per Recruitment Policy, Employment Equity Act. Systems Act
- Coordinate training to staff and councilors within MP303 daily as per skills development act.
- Ensure health and safety workplace to the community within MP303 daily as per the Occupational Health and Safety Acts, Compensation for injuries and diseases act.

6.4 Satellite Offices
Coordinate all activities of the satellite offices of Mkhondo Local Municipality.



Technical Services

Provisioning of Infrastructure Development, Maintenance and Service delivery to ensure sustainable services to all community.


Roads and Storm waters
Provide, monitor and maintain both gravel and tarred roads, storm water systems as per bill of Rights governed by the constitution of the Republic.


Water and Sanitation
Provide 26.2Ml of Potable water in Piet Retief, Driefontein, Amsterdam and Rural daily in MP303 as per bill of Rights governed by the constitution of the Republic. Provide, monitor and maintain water supply, in eMkondo, Amsterdam and Driefontein daily in MP303 as per Water Service Act 107 of 1997 and MFMA. Provide, monitor and maintain both dry and wet sanitation as per bill of Rights governed by the constitution of the Republic.


Electrical
Provide, monitor and maintain electricity supply, in eMkondo and Amsterdam daily in MP303 as per bill of Rights governed by the constitution of the Republic.

PMU
Implement infrastructure projects, Manage conditional grants.Manage the implementation of infrastructure projects using conditional grants namely; INEP, MIG etc.

Planning and Development

The Planning and Development Services Department of Mkhondo Local Municipality seeks to assist the municipality achieve its vision by doing the following:

- To coordinate Spatial Planning and Land Use Management Services and provide building development control practices in line with relevant legislation and policies of the municipality to ensure sustainable development.
- To provide support to the human settlements initiatives and priorities of the provincial government by allocating sites for housing development, registering beneficiaries, conducting consumer education and assist in monitoring the housing development projects.
- To co-ordinate the Integrated Development Planning (IDP) processes, Local Economic Development (LED), Comprehensive Rural Development Programme (CRDP) and promote tourism initiatives within Mkhondo Municipality.

Contact Us

Physical address
Cnr Market and De Wet Street
eMkhondo

Postal address
PO Box 23, eMkhondo
2380

Tel: +27 17 826 8100 / 0876300180
Fax: +27 17 826 3129

Website: http://www.mkhondo.gov.za

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