SECTION |
TITLE |
|
ARRANGEMENT
OF SECTIONS |
|
CHAPTER 1.
DEFINITIONS AND OBJECTS OF ACT |
1. |
Definitions |
2. |
Objects
of Act |
|
CHAPTER 2. SCHEMES |
|
Part 1.
Introductory provisions, contents, legal effect, review and record of
schemes |
3. |
Purpose
of scheme |
4. |
Responsibility
to prepare scheme |
5. |
Contents
of scheme |
6. |
Status
of scheme |
7. |
Review
of scheme |
8. |
Record
of schemes |
|
Part 2. Adoption,
replacement and amendment of scheme |
9. |
Person
who may initiate adoption, replacement or amendment of scheme |
10. |
Process
for adoption, replacement or amendment of scheme |
11. |
Duty
to obtain professional evaluation and recommendation |
12. |
Matters
relevant in determining merits of proposed adoption, replacement or
amendment of scheme |
13. |
Municipality's
decision on proposed adoption, replacement
or amendment
of scheme |
14. |
Persons
to be informed of municipality's decision for adoption,
replacement or amendment of scheme |
15. |
Appeal
against municipality's decision on adoption,
replacement
or amendment of scheme or failure to decide
on amendment
of scheme |
16. |
Effective
date of municipality's decision on adoption,
replacement or amendment of scheme |
|
Part 3. General
principles for development of land situated inside area of scheme |
17. |
General
principles for development of land situated inside area of scheme |
18. |
Duty
to obtain professional evaluation and recommendation |
19. |
Matters
relevant in determining merits of proposed development of land |
20. |
Municipality's
decision |
|
CHAPTER 3.
SUBDIVISION AND CONSOLIDATION OF LAND |
21. |
Subdivision
or consolidation of land permissible only in accordance with this
Chapter |
22. |
Persons
who may initiate subdivision or consolidation of land |
23. |
Process
for subdivision or consolidation of land |
24. |
Duty
to obtain professional evaluation and recommendation |
25. |
Matters
relevant in determining merits of proposed subdivision or consolidation
of land |
26. |
Municipality's
decision on proposed subdivision or consolidation of land |
27. |
Persons
to be informed of municipality's decision on proposed subdivision or
consolidation of land |
28. |
Appeal
against municipality's decision on proposed subdivision or
consolidation of land |
29. |
Effective
date of municipality;s decision on proposed subdivision or
consolidation of land |
30. |
Legal
effect of approval of subdivision or consolidation of land that
constitutes alteration or amendment of general plan |
31. |
Restrictions
of certain activities in relation to land for approved subdivision or
consolidation of land before compliance with conditions |
32. |
Lodging
of plans and documents with Surveyor-General pursuant to proposal for
subdivision or consolidation of land |
33. |
Lodging
of plans and documents with Surveyor-General where land is subdivided
or consolidated by municipality |
34. |
Lodging
of deeds, plans and documents with Registrar of Deeds pursuant to
proposal for subdivision or consolidation of land and certificate of
compliance with certain conditions of approval before transfer of land |
35. |
Lodging
of deeds, plans and documents with Register of Deeds where land is
subdivided or consolidated by municipality |
36. |
Transfer
of roads, parks and other open spaces |
37. |
Lapsing
of approval for subdivision or consolidation of land |
|
CHAPTER 4.
DEVELOPMENT OF LAND SITUATED OUTSIDE AREA OF SCHEME |
38. |
Development
of land situated outside area of scheme permissible only in accordance
with this Chapter |
39. |
Persons
who may initiate development of land situated outside area of scheme |
40. |
Process
for development of land situated outside area of scheme |
41. |
Duty
to obtain professional evaluatation and recommendation |
42. |
Mates
relevant in determining merits of proposed development of land situated
outside area of scheme |
43. |
Municipality's
decision on proposed development of land situated outside area of scheme |
44. |
Persons
to be informed of municipality's decision on proposed development of land
situated outside area of scheme |
45. |
Appeal against
municipality's decision on proposed
development of land situated
outside area of scheme |
46. |
Effective date
of municipality's decision on
proposed development of land situated
outside area of
scheme |
47. |
Legal effect
of approval of development of land
situated outside area of scheme that constitutes alteration or
amendment of general plan |
48. |
Restrictions
of certain activities in relation to land for approved development
situated outside area of scheme, before transfer occurs |
49. |
Lapsing of
approval for development of land
situated outside area of scheme |
|
CHAPTER 5.
PHASING OR CANCELLATION OF APPROVED LAYOUT PLANS FOR SUBDIVISION OR
DEVELOPMENT OF LAND |
50. |
Phasing or
cancellation of approved layout plans
permissible only in accordance with this Chapter |
51. |
Persons who
may initiate phasing or cancellation
of approved layout plan |
52. |
Process for
phasing or cancellation of approved
layout plan |
53. |
Duty to obtain
professional evaluation and
recommendation |
54. |
Matters
relevant in determining merits of proposed
phasing or cancellation of approved layout plan |
55. |
Municipality's
decision on proposed phasing or
cancellation of approved layout plan |
56. |
Persons to be
informed of municipality's decision |
57. |
Appeal against
municipality';s decision |
58. |
Effective date
of municipality;s decision |
59. |
Legal effect
of approval of phasing or
cancellation of approved layout plan |
|
CHAPTER 6.
ALTERATION, SUSPENSION AND DELETION OF RESTRICTIONS RELATING TO LAND |
60. |
Alteration,
suspension and deletion of
restrictions relating to land permissible only in accordance with this
Chapter |
61. |
Persons who
may initiate alter, suspend or delete
restrictions relating to land |
62. |
Process for
the alteration, suspension or deletion
of restrictions relating to land |
63. |
Duty to obtain
professional evaluation and
recommendation |
64. |
Matters
relevant to determining merits of proposed
alteration, suspension or deletion of restriction relating to land |
65. |
Municipality's
decision on proposed alteration,
suspension or deletion of restriction relating to land |
66. |
Persons to be
informed of municipality's decision
on proposed alteration, suspension or deletion of restriction relating
to land |
67. |
Appeal against
municipality's decision on proposed
alteration, suspension or deletion of restriction relating to land |
68. |
Effective date
of municipality's decision on
proposed alteration, suspension or
deletion of
restriction relating to land |
69. |
Lodging of
deeds, plans and documents with
Registrar of Deeds pursuant to proposal for alteration,
suspension or deletion of restriction relating to land and certificate
of compliance with certain conditions of approval |
70. |
Lodging of
deeds, plans and documents with
Registrar of Deeds where municipality initiated alteration,
suspension or deletion of restriction relating to land |
|
CHAPTER 7.
GENERAL PRINCIPLES FOR PERMANENT CLOSURE OF MUNICIPAL ROADS AND PUBLIC
PLACES |
71. |
General
principles for permanent closure of
municipal roads or public places |
72. |
Duty to obtain
professional evaluation and
recommendation |
73. |
Matters
relevant in determining merits of
permanent closure of municipal roads or public places |
74. |
Municipality;s
decision on proposal to permanently
close municipal road or public place |
|
CHAPTER 8.
ENFORCEMENT |
|
Part 1. Offences
and penalties |
75. |
Offences
and penalties in relation to municipality's scheme, subdivision or
consolidation of land, contemplated in Chapter 3, development of land
contemplated in Chapter 4, phasing or cancellation of approved layout
plan contemplated in Chapter 5, and alteration, suspension or deletion
of restrictions in relation to land contemplated in Chapter 6 |
76. |
Additional
penalties |
77. |
Offences and
penalties for obstructing Appeal
Tribunal or municipality from exercising their powers under this Act |
78. |
Prosecution of
corporate bodies and partnerships |
|
Part 2.
Contravention notices, prohibition orders and urgent prevention orders |
79. |
Contravention
notice served on persons suspected
of certain offences under Act |
80. |
Contents of
contravention notices |
81. |
Prohibition
orders issued by municipality and other actions in respect of persons
committing or having committed certain offences |
82. |
Contents of
prohibition orders |
83. |
Display of
prohibition order notice on land |
84. |
Urgent
prevention orders |
85. |
Contents of
urgent prevention orders |
86. |
Display of
urgent prevention order notice on land |
|
Part 3.
Misconduct by officials acting in official capacity |
87. |
Misconduct by
officials acting in official capacity |
|
Part 4. Offence
and misconduct by registered planner advising municipality |
88. |
Offences and
misconduct by registered planner
advising municipality |
|
Part 5. General
provisions |
89. |
Subsequent
application for authorisation of
activity |
90. |
Power of entry
for enforcement purposes |
91. |
Warrant of
entry for enforcement purposes |
92. |
Observance of
confidentiality pertaining to entry
for enforcement purposes |
93. |
Persons who
may approach High Court for
enforcement of rights granted by Act |
94. |
Municipality
may apply to Court for demolition, removal or alteration of buildings,
structures or works, or for rehabilitation of land |
|
CHAPTER 9.
COMPENSATION |
95. |
Compensation
arising from adoption of provisions
of schemes |
96. |
Compensation
arising from implementation of
provisions of schemes |
97. |
Compensation
arising from suspension or removal of
restrictions |
98. |
Compensation
arising from wrongful and intentional
or negligent service or urgent prevention orders |
99. |
Amount of
compensation |
|
CHAPTER 10.
KWAZULU-NATAL PLANING AND DEVELOPMENT APPEAL TRIBUNAL |
|
Part 1.
Constitution of KwaZulu-Natal Planning and Development Appeal Tribunal |
100. |
Establishment
of Kwazulu-Natal Planning and
Development Appeal Tribunal |