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 3 : Land Development and Land Use Applications

17. Alignment of authorisations

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(1)If a municipality and an organ of state elect to exercise their powers jointly as contemplated in section 30 of the Act, they may enter into a written agreement that—
(a)identifies the duplication in the submission of information to the municipality and organ of state;
(b)identifies the duplication in the execution of a process, including a public participation process and an intergovernmental consultation process;
(c)provides a framework for the coordination of the procedural requirements for applications submitted in terms of the municipal by-laws and other legislation;
(d)determines the circumstances under which separate authorisations or an integrated authorisation will be issued; and
(e)if the municipality and organ of state agree to an integrated authorisation, facilitates—
(i)the integrated submission, public participation and intergovernmental consultation process for a specific proposed development or utilisation of land;
(ii)assessment of applications by the municipality and the organ of state; and
(iii)the publication of one notice indicating the decision of the municipality and the organ of state for a specific proposed development or utilisation of land.

 

(2)A municipality may decide an application that, in addition to the approval required in terms of the Act, requires approval in terms of other legislation on the basis of a process prescribed under that legislation, but only if that process meets the requirements of the Act, applicable provincial legislation and municipal by-laws.