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 2 : Municipal Planning TribunalsPart C : Joint Municipal Planning Tribunal4. Agreement to establish joint Municipal Planning Tribunal |
| (1) | An agreement between two or more municipalities to establish a joint Municipal Planning Tribunal as contemplated in section 34(1) of the Act must describe the rights, obligations and responsibilities of the participating municipalities and must provide for at least— |
| (a) | the name and demarcation code of each participating municipality; |
| (b) | the budgetary, funding and administrative arrangements for the joint Municipal Planning Tribunal and the legal obligations of each participating municipality; |
| (c) | the number and manner of designation of officials representing each of the participating municipalities to the joint Municipal Planning Tribunal, the filling of vacancies and the replacement and recall of the officials; |
| (d) | the number and manner of appointment of members contemplated in section 36(1)(b) of the Act and the filling of vacancies; |
| (e) | subject to regulation 3(1)(c), the terms and conditions applicable to the members of the joint Municipal Planning Tribunal; |
| (f) | the appointment of a chairperson and deputy chairperson; |
| (g) | the institutional requirements referred to in regulation 3; |
| (h) | the categories of applications it will consider and decide; |
| (i) | the administrative support arrangements and the manner in which the municipality must give effect to a decision of the joint Municipal Planning Tribunal; |
| (j) | the designation of an official in the employ of each participating municipality to inspect, at any time during normal business hours, the records and operations of the joint Municipal Planning Tribunal on behalf of the participating municipalities; |
| (k) | determine the conditions for, and consequences of the withdrawal from the agreement of a participating municipality; |
| (I) | determine the conditions for, and consequences of, the termination of the agreement, including the method and schedule for winding-up the operations of the joint Municipal Planning Tribunal; and |
| (m) | any other matter relating to the proper functioning of the joint Municipal Planning Tribunal. |
| (2) | The municipalities establishing a joint Municipal Planning Tribunal may use the standard agreement contained in Schedule 4, subject to any modifications and qualifications as the municipalities deem necessary. |
| (3) | An agreement to establish a joint Municipal Planning Tribunal must be approved by council resolution of each of the Municipal Councils in accordance with their rules and orders. |
| (4) | The publication of an agreement contemplated in section 34(3) of the Act must precede the establishment of the joint Municipal Planning Tribunal agreed to in that agreement. |