| (1) |
Category 1 Applications are— |
| (a) |
the establishment of a township or the extension of the boundaries of a township; |
| (b) |
the amendment of an existing scheme or land use scheme by the rezoning of land; |
| (c) |
subject to subitem (3), the removal, amendment or suspension of a restrictive or obsolete condition. servitude or reservation registered against the title of the land; |
| (d) |
the amendment or cancellation in whole or in part of a general plan of a township; |
| (e) |
the subdivision and consolidation of any land other than a subdivision and consolidation which is provided for as a Category 2 application; |
| (f) |
permanent closure of any public place; |
| (g) |
any consent or approval required in terms of a condition of title, a condition of establishment of a township or condition of an existing scheme or land use scheme; |
| (h) |
any consent or approval provided for in a provincial law. |
| (2) |
Category 2 Applications are: |
| (a) |
the subdivision of any land where such subdivision is expressly provided for in a land use scheme; |
| (b) |
the consolidation of any land; |
| (c) |
the simultaneous subdivision, under circumstances contemplated in paragraph (a) and consolidation of land; |
| (d) |
the consent of the municipality for any land use purpose or departure or deviation in terms of a land use scheme or existing scheme which does not constitute a land development application; |
| (e) |
the removal, amendment or suspension of a restrictive title condition relating to the density of residential development on a specific erf where the residential density is regulated by a land use scheme in operation. |
| (3) |
The division of functions between an authorised official and a Municipal Planning Tribunal can be made as follows: |
| (a) |
All category 1 applications and all opposed category 2 applications must be referred to the Municipal Planning Tribunal. |
| (b) |
All category 2 applications that are not opposed must be considered and determined by the authorised official. |
(4) For the purposes of this Schedule-
| (a) |
"consent" means a land use right that may be obtained by way of consent from the municipality and is specified as such in the land use scheme; |
| (b) |
"consolidation" means the joining of two or more pieces of land into a single entity; and |
| (c) |
"subdivision" means the division of a piece of land into two or more portions. |
Intellectual Property Rights from Publicly Financed Research and
