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Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)

Chapter 6 : Land Development Management

Part D : Related Land Development Matters

52. Development application affecting national interest

 

 

(1) Subject to the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), a land development application must be referred to the Minister where such an application materially impacts on—
(a) matters within the exclusive functional area of the national sphere in terms of the Constitution;
(b) strategic national policy objectives, principles or priorities, including food security, international relations and co-operation, defence and economic unity; or
(c) land use for a purpose which falls within the functional area of the national sphere of government.

 

(2) A land development application must be referred to the Minister where the outcome of the application—
(a) may be prejudicial to the economic, health or security interests of one or more provinces or the Republic as a whole; or
(b) may impede the effective performance of the functions by one or more municipalities or provinces relating to matters within their functional area of legislative competence.

 

(3) Where an applicant believes that his or her application is likely to affect the national interest, he or she must submit a copy of that application to the Minister.

 

(4) Despite subsection (1) or (2), if an application that affects the national interest is lodged with a Municipal Planning Tribunal, such tribunal must inform the Minister and provide him or her with a copy thereof.

 

(5) The Minister, within 21 days of receipt of an application referred to him or her in terms of any of subsections (2), (3) or (4) and within a reasonable period after becoming aware of a land development application that affects the national interest—
(a) may join as a party in such application; or
(b) may direct that such application be referred to him or her to decide.

 

(6) The Minister must, before the exercise of a power or the performance of a function contemplated in this section and after public consultation, prescribe a set of criteria to guide the implementation of this section, including—
(a) the types, scale and nature of land development applications that affect the national interest; and
(b) measures to guide Municipal Planning Tribunals, municipalities and parties to land development applications in determining applications which are regulated in terms of this section.

 

(7) Nothing in this section authorises the lodgement or referral of an application for land use or land development to the Minister without such application having first been lodged and considered by the relevant municipality in terms of section 33(1).