| (2) | A removal, amendment or suspension of a restrictive condition contemplated in subsection (1) must, in the absence of the contemplated written consent, be effected— |
| (b) | with due regard to the respective rights of all those affected, and to the public interest; and |
| (c) | in the prescribed manner, |
if such removal, amendment or suspension will deprive any person of property as contemplated in section 25 of the Constitution.
| (3) | A Municipal Planning Tribunal considering an application to remove, amend or suspend a restrictive condition is not liable to compensate any person for any loss arising from or related to a decision made in good faith and in terms of this Act to remove, amend or suspend a restrictive condition. |
| (4) | Notice of an application to remove, amend or suspend a restrictive condition which operates for the benefit of the State must be in writing and given in the prescribed manner to the organ of state which is responsible for the administration of the law or the performance of the function to which such condition relates. |
| (5) | An applicant at whose instance a restrictive condition is removed, amended or suspended in terms of this Act, must, within the prescribed period and in the prescribed manner, apply to the Registrar of Deeds concerned for the appropriate recording of such removal, amendment or suspension, and the Registrar of Deeds must in the prescribed manner record such removal, amendment or suspension. |
