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

Chapter 7 : General

36. Transitional provisions

 

(1) For the purposes of this section, "effective date" means the date of the first meeting of the Council.

 

(2) The South African Council for Town and Regional Planners established by section 2 of the Town and Regional Planners Act, 1984 (Act No. 19 of 1984), continues to exist and may exercise its powers and perform its duties and functions after the commencement of this Act until the effective date, on which date that council will cease to exist.

 

(3) Subject to subsections (4) and (5) any person who, at the commencement of this Act, is registered and practises in terms of the Town and Regional Planners Act, 1984—
(a) as a town and regional planner in training, is entitled to be registered under this Act as a candidate planner;
(b) as a town and regional planning technician, is entitled to be registered under this Act as a technical planner;
(c) as a town and regional planner, is entitled to be registered under this Act as a professional planner,

and must, on applying for registration in terms of this Act, be registered accordingly and issued with the appropriate registration certificate.

 

(4) A person contemplated in subsection (3) may, pending his or her registration in terms of this Act and notwithstanding the repeal of the Town and Regional Planners Act, 1984, continue to use his or her professional title and may continue to perform planning work as if that Act had not been repealed, for a transitional period which shall end no later than 12 months alter the date of publication of the rules contemplated in section 8(2)(d) or on such later date as the Minister may determine and publish in an appropriate notice in the Gazette.

 

(5) Notwithstanding any other provision of this Act, a person contemplated in subsection (3) who wishes to continue to practice in the profession must be registered in terms of this Act by no later than the end of the transitional period contemplated in subsection (4).

 

(6) From the effective date, all rights, obligations, assets and liabilities acquired or incurred by the South African Council for Town and Regional Planners, vest in the Council and the Council is deemed to have acquired or incurred those rights, obligations, assets and liabilities in terms of this Act.

 

(7) Any act performed, decision taken, or rule made or purported to have been so performed, taken or made in terms of the Town and Regional Planners Act, 1984, remains valid unless substituted by any act performed, decision taken or rule made under this Act.

 

(8) Any notice issued or exemption granted by the Minister in term of the Town and Regional Planners Act, 1984, remains valid unless substituted by a notice issued or exemption granted under this Act.

 

(9) From the effective date, any register maintained in terms of the Town and Regional Planners Act, 1984, is incorporated in and is considered to form part of a register to be maintained in terms section 8(2) of this Act.

 

(10) Any action taken in terms of the Town and Regional Planners Act, 1984, which is pending at the commencement date of this Act, must be finalised in terms of that Act.