Housing Development Agency Act, 2008 (Act No. 23 of 2008)RegulationsHousing Development Agency RegulationsChapter 3 : Declaration of priority housing development area15. Consultation Process |
| (1) | In finalising the priority housing development plan, the Agency must, in consultation with the municipality:— |
| (a) | consult with the community, participants, the owner of the land, any authorities having jurisdiction over the affected area, and other parties who have a legally recognised interest in the land, and will be impacted by the declaration of a priority housing development area; |
| (b) | retain the records of the consultative process contemplated in regulation 15(1)(a) which must include any written comments received from the consulted parties; and |
| (c) | record and retain any objection expressed in the consultation process as contemplated in regulation 15(1)(a). |
| (2) | The consultation process referred to in regulation 15(1)(a) must ensure that:- |
| (a) | notice to consult— |
| (i) | is displayed at the municipality's offices; |
| (ii) | provides the community with at least seven-days' prior notice of the place, date and time at which the consultative meeting is to take place; |
| (iii) | informs the community that a copy of the preliminary development plan is open for inspection at a specified office within the municipal offices or available for download on the municipality's official website; |
| (iv) | includes any other details of the meeting which the municipality deems necessary; |
| (b) | the information contained in the notice is, as far as reasonably possible, in at least three of the official languages, including English and the predominantly spoken language in the municipal jurisdiction; |
| (c) | advertisements are placed in the media in accordance with section 21 of the Local Government: Municipal Systems Act informing the community that a consultation meeting will be held on a specific date (which must be not less than seven but not more than fourteen days after the date of the advertisement), time and place and other details which in the reasonable opinion of the municipality may be necessary; |
| (d) | any notice regarding the proposed development plan is of such a nature that it can be understood by affected parties; |
| (e) | during the consultation meeting— |
| (i) | a register is kept of all attendees; |
| (ii) | the consultative process is conducted in a language understood by the broader community; |
| (iii) | the community is aware of the right to object and provide written comments, within 30 days of the consultation meeting on the proposed development plan; and |
| (iv) | to the extent that submissions require interpretation either because of the language in which the consultative process is being conducted adequate interpretation methods must be provided; |
| (f) | the municipality retains and stores for record purposes— |
| (i) | the minutes of the consultative processes; |
| (ii) | comments received; and |
| (iii) | a record of how comments were dealt with; |
| (g) | the municipality provides the Agency with any information that may be requested by the Agency for purposes of submitting the proposed development plan to the Minister. |
| (3) | The Agency must consult with the Minister regarding the finalisation of the development plan in respect of the following:- |
| (a) | progress achieved in financing the development plan; |
| (b) | obstacles experienced by the Agency and attempts made by the Agency to resolve such obstacles; |
| (c) | matters which require urgent assistance or intervention by the Minister; |
| (d) | delays experienced and extension of time required by the Agency to finalise the development plan; |
| (e) | changes in circumstances which require the contents of the development plan to be changed; |
| (f) | any participant who refuses or fails to cooperate with the Agency in preparing the development plan; and |
| (g) | any other aspects which the Agency deems necessary to refer to the Minister. |
| (4) | Before consulting with the Minister in terms of regulation 3(f) the Agency must in writing, request written reasons for the participant's refusal to cooperate. |
| (5) | The Agency, in consultation with municipality, must submit the development plan to the Minister for consideration and approval. |
| (6) | The Minister must, in consultation with MinMec and the relevant authorities in the provinces and municipalities approve the development plan within 90 days. |
| (7) | The development plan must be kept and filed by the Agency for record purposes. |