| (1) | The decision of a municipality to— |
| (a) | establish a joint Municipal Planning Tribunal as contemplated in section 34(1) of the Act; or |
| (b) | agree to the establishment of a Municipal Planning Tribunal by a district municipality as contemplated in section 34(2) of the Act; or |
| (c) | establish a Municipal Planning Tribunal for its municipal area, |
may be preceded by an assessment of the factors referred to in subregulation (2).
| (2) | The assessment referred to in subregulation (1) includes, amongst others, the following factors as it relates to Chapter 6 of the Act— |
| (a) | the impact of the Act on the municipality's financial, administrative and professional capacity; |
| (b) | the ability of the municipality to effectively implement the provisions of Chapter 6 of the Act; |
| (c) | the average number of applications dealt with by the municipality annually in terms of existing planning legislation; and |
| (d) | the development pressures in the municipal area. |
| (3) | If the municipality does not have capacity to implement the provisions of Chapter 6 of the Act, it is an indication that a joint Municipal Planning Tribunal contemplated in section 34(1) or (2) could be considered by the municipality. |
| (4) | If a district municipality considers the establishment of a Municipal Planning Tribunal contemplated in section 34(2), it must ensure that it has sufficient financial, administrative and professional capacity to establish and administer that Municipal Planning Tribunal. |
