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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 6 : Exemptions

33. Deciding of request for exemption

 

 

(1) Upon receipt of the request for exemption from a province or municipality as contemplated in regulation 32, the Minister must—
(a) if the request is materially incomplete, advise the province or municipality of any further information required before the request will be considered; or
(b) if the request does not duly identify the piece of land or area, require the province or municipality to more specifically identify the piece of land or area before the request will be considered.

 

(2) If the province or the municipality does not respond to the Minister within 30 days of receipt of the request for further particulars, the request will be deemed to have been abandoned by the province or the municipality.

 

(3) If the province or the municipality responds to the Minister, but does not, to the satisfaction of the Minister, provide sufficient information to enable the Minister to make a decision, the Minister may again request further particulars or clarification and the provisions of subregulation (1) apply to such new request for further particulars or clarification.

 

(4) If a request is deemed to have been abandoned in terms of subregulation (2), the Minister may close the file on that request without making a decision contemplated in section 55 of the Act.

 

(5) Subject to subregulation (6), the Minister must, within 30 days after receiving a request for exemption or receiving adequate information for an exemption, publish in the Gazette a notice of the request for exemption received which notice must—
(a) identify the piece of land or area for which an exemption is sought;
(b) indicate the province and municipality in whose area of jurisdiction the piece of land or area is located;
(c) indicate which organ of state is requesting the exemption;
(d) give the reasons for the exemption as stated in the request for exemption; and
(e) invite comment on the request for exemption in writing within a period stated in the notice, but the period may not be less than 30 days from the date of publication of the notice.

 

(6) Notwithstanding subregulation (5), the Minister does not have to publish a notice of the request for exemption in the Gazette if—
(a) the piece of land or an area has to be exempted due to an emergency or a natural disaster; or
(b) the exemption is merely due to non-compliance with timeframes contained in the Act.

 

(7) In deciding whether a request for exemption is in the public interest as contemplated in section 55 of the Act, the Minister may consider:
(a) the degree to which the objects of the Act referred to in section 3 of the Act will be undermined;
(b) the degree to which the development principles, norms and standards referred to in Chapter 2 of the Act will be promoted or prejudiced by the exemption;
(c) the degree of risk or potential risk posed by the exemption;
(d) the impact on existing and surrounding land uses;
(e) should the exemption not be granted, the effect would be extremely prejudicial to the interests of the community;
(f) the type and extent of the emergency, if applicable;
(g) if the Minister substitutes alternative provisions as contemplated in section 55(1)(b) of the Act, the capacity of the municipality to administer and implement the substituted provisions and regulate the development on the land; and
(h) the inclusion of the piece of land or area in a strategic integrated project designated as such in terms of the Infrastructure Development Act, 2014 (Act No. 23 of 2014).

 

(8) The Minister must, within 30 days after the closing date referred to in subregulation (5)(e), grant, grant in part, grant subject to conditions, grant for a specific period, substitute alternative provisions consistent with the Act or refuse a request for exemption.

 

(9) As soon as practicable after the decision of the Minister, he or she must—
(a) inform the province or the municipality thereof and give reasons for his or her decision; and
(b) publish a notice of his or her decision in the Gazette.

 

(10) At any time after refusing to grant an exemption in terms of subregulation (8), the Minister—
(a) may withdraw his or her notice of refusal to grant the exemption; and
(b) if the Minister does withdraw the notice of refusal, he or she must reconsider the request for exemption and the provisions of this part applies with the necessary changes to that request for exemption.