Statistics Act, 1999
R 385
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 E : Adjustment of the Division of Functions and Powers of Local Municipality10. Allocation of municipal planning function |
If, in accordance with section 85 of the Municipal Structures Act—
| (a) | the MEC for local government in a province adjusts the division of functions and powers of a local municipality and district municipality by way of an allocation of the municipal planning function which vests in a local municipality in terms of the Constitution to the district municipality; or |
| (b) | the national Minister responsible for local government, varies or withdraws any allocation of a function or power or adjusts the division of functions and powers of a local municipality and district municipality by virtue of the refusal by the MEC for local government to make an adjustment in accordance with the assessment of the Demarcation Board, |
the district municipality is deemed to be that local municipality for purposes of spatial planning and land use management and it must establish a Municipal Planning Tribunal as contemplated in the Act and the Regulations.
