Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)

Regulations

Spatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015

Chapter 2 : Municipal Planning Tribunals

Part E : Adjustment of the Division of Functions and Powers of Local Municipality

10. Allocation of municipal planning function
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If, in accordance with section 85 of the Municipal Structures Act—

(a)the MEC for local government in a province adjusts the division of functions and powers of a local municipality and district municipality by way of an allocation of the municipal planning function which vests in a local municipality in terms of the Constitution to the district municipality; or
(b)the national Minister responsible for local government, varies or withdraws any allocation of a function or power or adjusts the division of functions and powers of a local municipality and district municipality by virtue of the refusal by the MEC for local government to make an adjustment in accordance with the assessment of the Demarcation Board,

the district municipality is deemed to be that local municipality for purposes of spatial planning and land use management and it must establish a Municipal Planning Tribunal as contemplated in the Act and the Regulations.