Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)Chapter 3 : Intergovernmental Support11. Municipal differentiation |
| (1) | In the development and application of measures to monitor and support the performance of the functions of municipalities in terms of this Act and other legislation relating to spatial planning, land development and land use management, the national government and provincial governments must take into account the unique circumstances of each municipality. |
| (2) | For purposes of this section, the unique circumstances of a municipality may be determined on the basis of identified criteria, including— |
| (a) | the categories of municipalities contemplated in section 155(1) of the Constitution; |
| (b) | the criteria identified and applied in accordance with national or provincial legislation relating to the supervision and monitoring of local government; and |
| (c) | financial resources, capacity and financial viability of a municipality. |
| (3) | For purposes of this section, different information may be requested from different municipalities, taking into consideration— |
| (a) | the capacity of a municipality to administer this Act; and |
| (b) | the compliance of a municipal spatial development framework and land use scheme with this Act. |