Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)RegulationsSpatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015Chapter 3 : Land Development and Land Use Applications17. Alignment of authorisations |
(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. |