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South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Development
Facilitation Act, No. 67 of 1995
Long
title
To introduce extraordinary measures to facilitate and speed up the implementation of reconstruction and development programmes and projects in relation to land; and in so doing to lay down general principles governing land development throughout the Republic; to provide for the establishment of a Development and Planning Commission for the purpose of advising the government on policy and laws concerning land development at national and provincial levels; to provide for the establishment in the provinces of development tribunals which have the power to make decisions and resolve conflicts in respect of land development projects; to facilitate the formulation and implementation of land development objectives by reference to which the performance of local government bodies in achieving such objectives may be measured; to provide for nationally uniform procedures for the subdivision and development of land in urban and rural areas so as to promote the speedy provision and development of land for residential, small-scale farming or other needs and uses; to promote security of tenure while ensuring that end-user finance in the form of subsidies and loans becomes available as early as possible during the land development process; and to provide for matters connected therewith.
Table of contents
Legislation Text Access Point
To introduce extraordinary measures to facilitate and speed up the implementation of reconstruction and development programmes and projects in relation to land; and in so doing to lay down general principles governing land development throughout the Republic; to provide for the establishment of a Development and Planning Commission for the purpose of advising the government on policy and laws concerning land development at national and provincial levels; to provide for the establishment in the provinces of development tribunals which have the power to make decisions and resolve conflicts in respect of land development projects; to facilitate the formulation and implementation of land development objectives by reference to which the performance of local government bodies in achieving such objectives may be measured; to provide for nationally uniform procedures for the subdivision and development of land in urban and rural areas so as to promote the speedy provision and development of land for residential, small-scale farming or other needs and uses; to promote security of tenure while ensuring that end-user finance in the form of subsidies and loans becomes available as early as possible during the land development process; and to provide for matters connected therewith.
Table of contents
| SECTION | TITLE |
| ARRANGEMENT OF ACT | |
| INTRODUCTION |
|
| 1. | Definitions |
| CHAPTER
I. GENERAL PRINCIPLES FOR LAND DEVELOPMENT AND CONFLICT RESOLUTION |
|
| 2. | Application
of principles for land development |
| 3. | General principles for land development |
| 4. | General
principles for decision-making and conflict resolution |
| CHAPTER
II. DEVELOPMENT AND PLANNING COMMISSION |
|
| 5. | Establishment
of Development and Planning Commission |
| 6. | Functions
and powers of Commission and co-ordination of advice |
| 7. | Constitution
of Commission |
| 8. | Period
of office of members or alternate members of Commission |
| 9. | Meetings of Commission |
| 10. | Conditions
of service of members or alternate members of Commission |
| 11. | Establishment
or recognition of provincial commissions |
| 12. | Administrative
and research functions of Commission and provincial commissions |
| 13. | Expenditure
of Commission and provincial commission |
| 14. | Terms
of reference of Commission |
| CHAPTER
III. DEVELOPMENT TRIBUNALS |
|
| 15. | Establishment
and composition of tribunals |
| 16. | Functions
of tribunal |
| 17. | Decisions
of tribunal |
| 18. | Acquisition
of information |
| 19. | Minutes |
| 20. | Costs |
| 21. | Offences |
| 22. | Mediation |
| 23. | Appeals
against tribunal decisions |
| 24. | Establishment
of development appeal tribunal |
| 25. | Review
by Supreme Court |
| 26. | Rules
of procedure |
| CHAPTER
IV. LAND DEVELOPMENT OBJECTIVES |
|
| 27. | Body
responsible for setting land development objectives |
| 28. | Subject
matter of land development objectives |
| 29. | Effect
of land development objectives and other plans |
| CHAPTER V. LAND DEVELOPMENT PROCEDURES EXCLUDING PROCEDURES RELATING TO THE DEVELOPMENT OF SMALL-SCALE FARMING | |
| 30. | Exemption
from provisions of this Chapter |
| 31. | Land
development application |
| 32. | Submission
of land development application to tribunal |
| 33. | Consideration
of application by tribunal |
| 34. | Suspension
and removal of servitudes and restrictive conditions |
| 35. | Amendment
of land development application and conditions of
establishment, division of land development area and continuation of
land development application by another land development applicant |
| 36. | Restriction
on certain contracts |
| 37. | Lodging
of documents with Surveyor-General and registrar |
| 38. | Commencement
of registration of ownership |
| 39. | Erection of buildings |
| 40. | Engineering
services |
| 41. | Vesting
and reversion of ownership of public streets and places |
| 42. | Investigation
and authorisation of non-statutory land development processes |
| 43. | Proof
of certain facts in connection with applications to establish land
development areas |
| 44. | Land
development on behalf of State or local government body |
| 45. | Delegation |
| 46. | Regulations |
| 47. | State and
local government bound |
| CHAPTER
VI. LAND DEVELOPMENT PROCEDURES INCLUDING PROCEDURES RELATING TO THE
DEVELOPMENT OF SMALL-SCALE FARMING |
|
| 48. | Exemption from
provisions of this Chapter |
| 49. | Land development application |
| 50. | Submission of
land development application to tribunal |
| 51. | Consideration
of application by tribunal |
| 52. | Amendment of
land development application and conditions of
establishment, division of land development area and continuation of
land development application by another land development applicant |
| 53. | Land
development on behalf of State or local government body |
| 54. | Subdivision of
land |
| 55. | Lodging of
documents with Surveyor-General and registrar |
| 56. | Settlement of
persons in land development area |
| 57. | Investigation
and authorisation of non-statutory land development processes |
| 58. | Delegation |
| 59. | Regulations |
| 60. | State and
local government bound |
| CHAPTER
VII. LAND TENURE MATTERS |
|
| 61. | Registration
arrangement involving surveyor and conveyancer |
| 62. | Initial
ownership |
| 63. | Conversion of
informal tenure |
| 64. | Special deeds
of transfer |
| 65. | Deeds of
transfer relating to initial ownership |
| 66. |
Application
and administration of registration arrangements contemplated in this
Act in former homelands |
| CHAPTER VIII.
GENERAL PROVISIONS |
|
| 67. | Land
development applications made in terms of other laws |
| 68. | Amendment of
laws |
| 69. | Short title
and commencement |
| SCHEDULE. LAWS AMENDED |
Legislation Text Access Point
| Versions | Free Access | Buy Access | Subscr. Access |
| As unamended | LINK | REQ.INFO | LINK |
| As amended by Act 1997_107_000 | N/A | REQ.INFO | LINK |
| As amended by Act 2004_012_000 | N/A | REQ.INFO | LINK |
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