Special Economic Zones Act, 2014 (Act No. 16 of 2014)RegulationsRegulations made in terms of section 41 of the Special Economic Zones Act, 2014 (Act No. 16 of 2014)Schedule A8. Application for designation |
| (1) | National government, a provincial government, a municipality, and a public entity a municipal entity or a public-private partnership may apply to the Minister for a specified area to be designated as a Special Economic Zone. |
| (2) | An application for designation must be in writing and must comply with the requirements in section 23(2) and section 23(3) of the Act. In addition, the applicant must indicate: |
| (a) | the manufacturing activity or internationally tradable service that the Special Economic Zone intends to engage in; |
| (b) | whether the Special Economic Zone intends to target a local or export market; and |
| (c) | where the Special Economic Zone intends to be located, either anywhere in the Republic of South Africa, a port of entry or in a custom controlled area. |
| (3) | An applicant must address the matters in Schedule 1 to the Regulations when I5 preparing a feasibility study required in terms of section 23(3)(b) of the Act. |
| (4) | An applicant must submit an application addressed to the Chairperson of the Advisory Board: |
| (a) | at the street address of the head office of the Advisory Board, or |
| (b) | by registered post remitted to the Chairperson of the Advisory Board at the postal address of the head Advisory Board. |
| (5) | The Advisory Board: — |
| (a) | must provide the applicant with a written acknowledgement of receipt of the application within five days of receipt of application; |
| (b) | must assess the application to determine whether the application is complete and must inform the applicant in writing of any outstanding information or documents required within 30 days of receipt of the application; |
| (c) | may request such further documentation or particulars in writing from an applicant relating to any matter pertaining to the application as may be deemed necessary; |
| (d) | may conduct such investigation in terms of the Act into any matter related to the application as may be deemed necessary in the circumstances; and |
| (e) | may conduct such inspection in terms of the Act of the applicant or any other party related to the application as may be deemed necessary in the circumstances. |
| (6) | The Advisory Board must consider the application and recommend to the Minister whether or not an area must be designated as a Special Economic Zone, within five months of receiving the complete application as contemplated in subregulation (5)(b) above. |
| (7) | The Minister must, within two months of receiving the recommendation of the Advisory Board as contemplated in sub -regulation (6) above, decide whether or not to designate an area as a Special Economic Zone as contemplated in section 23(6) of the Act. |
| (8) | The time period contemplated in subregulations (6) and (7) above may be extended on good cause shown. |
| (9) | If the Minister decides not to grant the application to designate a specified area as a Special Economic Zone, the Minister must: |
| (a) | inform the applicant of the decision in writing; and |
| (b) | provide the applicant with reasons for the decision. |
| (10) | An unsuccessful applicant may submit a new application for a specified area to be designated as a Special Economic Zone, as provided for in the Act. |