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Planning Profession Act, 2002 (Act No. 36 of 2002)

Chapter 7 : General

30. Regulations and rules

 

(1)        

(a) The Minister may, by notice in the Gazette, make regulations, not inconsistent with this Act, with regard to—
(i) any matter that he or she is required or permitted to prescribe in terms of this Act;
(ii) generally all matters necessary for or incidental to the exercise of the powers and the performance of the functions of the Council; and
(iii) any other matter for the better execution of this Act.
(b) The Minister must, before making any regulation under subsection (1), publish a draft of the proposed regulation, repeal or amendment in the Gazette together with a notice calling on interested persons or voluntary associations to comment in writing within a period not less than 30 days from the date of publication of the notice.
(c) If the Minister alters the draft regulations as a result of any comment, he or she needs not publish those alterations before making the regulations.

 

(2) The Council may, by notice in the Gazette, make rules not inconsistent with this Act, with regard to—
(a) any matter it is required or permitted to prescribe in terms of this Act;
(b) the form of process and the procedure at or in connection with the proceedings of a disciplinary tribunal or the Appeal Board;
(c) the representation of any party before the Appeal Board;
(d) generally all matters necessary for or incidental to the exercise of the powers and performance of the functions of a disciplinary tribunal and the Appeal Board; and
(e) the fees payable in respect of the lodging of an appeal under this Act and the copying or transcription of records of a disciplinary tribunal or Appeal Board.

 

(3)        

(a) Before the Council makes, repeals or amends any rule under this section, it must publish a draft of the proposed rule, repeal or amendment in the Gazette together with a notice calling on interested persons and voluntary associations to comment in writing within a period not less than 30 days from the date of publication of the notice.
(b) If the Council alters the draft rules as a result of any comment, it needs not publish those alterations before making the rule.

 

(4) The Council may, if circumstances necessitate the immediate publication of a rule, publish that rule without consultation as contemplated in subsection (3): Provided that any person who objects to the said rule may—
(a) comment after such publication; or
(b) appeal to the Appeal Board against such a rule.