Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)Chapter 3 : Intergovernmental Support10. Provincial support and monitoring |
| (1) | Provincial legislation which is consistent with this Act and the Intergovernmental Relations Framework Act may provide for— |
| (a) | matters contained in Schedule 1 to this Act; |
| (b) | matters of provincial interest; |
| (c) | remedial measures in the event of the inability or failure of a municipality to comply with an obligation in terms of this Act or provincial legislation; or |
| (d) | matters not specifically dealt with in this Act. |
| (2) | Provincial legislation not inconsistent with the provisions of this Act may provide for structures and procedures different from those provided for in this Act in respect of a province. |
| (3) | A Premier may, subject to the Constitution and any other law regulating provincial supervision and monitoring of municipalities in the province— |
| (a) | assist a municipality with the preparation, adoption or revision of its land use scheme; |
| (b) | facilitate the coordination and alignment of the land use management— |
| (i) | systems of different municipalities; or |
| (ii) | system of a municipality with structure plans, development strategies and programmes of national and provincial organs of state; or |
| (c) | take appropriate steps consistent with the Constitution and the Intergovernmental Relations Framework Act to resolve disputes in connection with the preparation, adoption or revision of a spatial development framework, a land use scheme or related tools and planning instruments between— |
| (i) | a municipality and its local community; or |
| (ii) | different municipalities. |
| (4) | A Premier may, by notice in the Provincial Gazette, identify matters of provincial interest in respect of which provincial legislation, policies, frameworks, norms and standards consistent with this Act must apply. |
| (5) | Provincial governments must develop mechanisms to support, monitor and strengthen the capacity of municipalities to adopt and implement an effective system of land use management in accordance with this Act. |
| (6) | Provincial legislation having the effect of regulating land use, land use management and land development within a province must promote the development of local government capacity to enable municipalities to perform their municipal planning functions. |