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

Regulations

Spatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015

Chapter 3 : Land Development and Land Use Applications

17. Alignment of authorisations

 

 

(1) If a municipality and an organ of state elect to exercise their powers jointly as contemplated in section 30 of the Act, they may enter into a written agreement that—
(a) identifies the duplication in the submission of information to the municipality and organ of state;
(b) identifies the duplication in the execution of a process, including a public participation process and an intergovernmental consultation process;
(c) provides a framework for the coordination of the procedural requirements for applications submitted in terms of the municipal by-laws and other legislation;
(d) determines the circumstances under which separate authorisations or an integrated authorisation will be issued; and
(e) if the municipality and organ of state agree to an integrated authorisation, facilitates—
(i) the integrated submission, public participation and intergovernmental consultation process for a specific proposed development or utilisation of land;
(ii) assessment of applications by the municipality and the organ of state; and
(iii) the publication of one notice indicating the decision of the municipality and the organ of state for a specific proposed development or utilisation of land.

 

(2) A municipality may decide an application that, in addition to the approval required in terms of the Act, requires approval in terms of other legislation on the basis of a process prescribed under that legislation, but only if that process meets the requirements of the Act, applicable provincial legislation and municipal by-laws.