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South Africa
KWAZULU-NATAL PROVINCIAL LEGISLATION OVERVIEWS
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KwaZulu-Natal Planning and Development Act, No. 6 of 2008

Long title


To provide for the adoption, replacement and amendment of schemes, to provide for the subdivision and consolidation of land, to provide for the development of land outside of schemes; to provide for the phasing or cancellation of approved layout plans for he subdivision or development of land, to provide for the alteration, suspension and deletion of restrictions relating to land,  to establish general principles for the permanent closure of municipal roads or public places; to provide for the adoption and recognition of schemes,  to provide for compensation in respect of matters regulated by the Act; to establish the KwaZulu-Natal Planning and Development Appeal Tribunal; to provide for provincial planning and development norms and standards; and to provide for matters connected therewith.

Table of contents

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

101. Seat and sittings of Appeal Tribunal
102. Appeal Tribunal to function independently, impartially and free from outside influences or interference and declaration of financial or other interests b members
103. Membership of Appeal Tribunal
104. Disqualifications for membership of Appeal Tribunal
105. Procedure for appointment of members of Appeal Tribunal
106. Appointment of members of Appeal Tribunal
107. Term of office, remuneration and terms and conditions of appointment of members of Appeal Tribunal
108. removal, vacancies and resignation from office
109. Chairperson of Appeal Tribunal
110. Constitution of the Appeal Tribunal for purposes of hearing appeal
111. Recusal
112. Administrative support and accommodation
Part 2. Lodging of memorandum of appeal, lodging of responding memorandum and settling down of appeal hearing
113. Lodging of memorandum of appeal
114. Lodging of responding memorandum
115. Setting down of appeal for hearing
116. Withdrawal of appeal or opposition to appeal
Part 3. Site inspection and hearing of appeal
117. Powers of Appeal Tribunal regarding site inspections
118. Power of Appeal Tribunal with regard to witnesses
119. Issuing and service of subpoenas
120. Procedure at hearings of Appeal Tribunal
Part 4. Decision of Appeal Tribunal
121. Decision of Appeal Tribunal
122. Reasons for decision of Appeal Tribunal
123. Notification of outcome of appeal
124. Legal effect of decision of Appeal Tribunal
Part 5. Application for late lodging of appeal
125. Application to Appeal Tribunal for late lodging of appeal
126. Opposition of late lodging of appeal
127. Matters relevant in determining merits of late lodging of appeal
128. Decision on application for late lodging of appeal
129. Notice of decision on application for late lodging of appeal
Part 6. General matters
130. Proceedings before Appeal Tribunal open to public
131. Witness fees
132. Costs
133. Offences in connection with proceedings before Appeal Tribunal
134. Register of Appeal Tribunal to keep records relating to appeals
CHAPTER 11. PROVINCIAL PLANNING AND DEVELOPMENT NORMS AND STANDARDS
Part 1. Introductory provisions, contents, legal effect of provincial planning and development norms and standards
135. Responsibility to prepare provincial planning and development norms and standards
136. Purpose of provincial planning and development norms and standards
137. Contents of provincial planning and development norms and standards
138. Legal effect of provincial planning and development norms and standards
Part 2. Adoption of provincial planning and development norms and standards
139. Initiation of provincial planning and development norms and standards
140. Contents of consultation paper
141. Approval of consultation paper
142. Notice of consultation paper
143. Review of draft provincial planning and development norms and standards
144. Adoption of provincial planning and development norms and standards
145. Notice of provincial planning and development norms and standards
Part 3. Amendment of provincial planning and development norms and standards
146. Initiation of amendment to provincial planning and development norms and standards
147. Appointment of Steering Committee to amend provincial planning and development norms and standards
148. Notice of proposed amendment to provincial planning and development norms and standards
149. Review of proposed amendment to provincial planning and development norms and standards
150. Adoption of amendment to provincial planning and development norms and standards
151. Notice of amended provincial planning and development norms and standards
Part 4. Withdrawal of provincial planning and development norms and standards
152. Initiation of withdrawal of provincial planning and development norms and standards
153. Withdrawal of provincial planning and development norms and standards
154. Notice of withdrawn provincial planning and development norms and standards
CHAPTER 12. GENERAL PROVISIONS
Part 1. Delegations and agency agreements
155. Delegation by responsible Member of the Executive Council
156. Delegations by municipality
157. Agency agreements between municipalities for performance of functions in terms of Act
Part 2. General matters
158. Service of documents
159. Calculation of number of days
160. Access to information
161. Application of Act
162. Amendment and repeal of laws
163. Transitional arrangements and savings
164. Short title and commencement
Sch. 1.  SCHEDULE 1. APPLICATION PROCEDURE  (SECTIONS 9(2), 23(1), 40(1) and 62(1)) [s10; s12; s13; s14; s23; s25; s26; s27; s40; s42; s43; s44; s52; s54; s56; s62; s64; s65; s66; s102; s121; s160]
Part 1. Application procedures for applicants
Part 2. Procedure for municipality
Sch. 2.  SCHEDULE 2. LAWS AMENDED OR REPEALED (SECTION 170) [s162]
Sch. 3.  SCHEDULE 3. TRANSITIONAL MEASURES FOR THE PIETERMARITZBURG EXTENDED POWERS ORDINANCE, 1936 (SECTION 171(2)) [ - ] 
Part 1. Final decisions in terms of the Pietermaritzburg Extended Powers Ordinance, 1936
Part 2. Decisions not finalised in terms of the Pietermaritzburg Extended Powers Ordinance, 1936, before the commencement of this Act
Sch. 4.  SCHEDULE 4. TRANSITIONAL MEASURES FOR ORDINANCE (SECTION 171(2)) [ - ] 
Part 1. Final decisions in terms of Ordinance
Part 2.  Decisions not finalised in terms of Ordinance before commencement of this Act
Sch. 5.  SCHEDULE 5. TRANSITIONAL MEASURES FOR REMOVAL OF RESTRICTIONS ACT AND DELETION OF CERTAIN RESTRICTIONS IN RESPECT OF LAND BY OPERATION OF LAW (SECTION 171(2)) [s60]
Part 1. Final decisions in terms of Removal of Restrictions Act
Part 2. Decisions not finalised in terms of the Removal of Restrictions Act before commencement of this Act
Part 3. Deletion of certain restrictions in respect of land by operation of law
Sch. 6.  SCHEDULE 6. TRANSITIONAL MEASURES FOR DURBAN EXTENDED POWERS CONSOLIDATED ORDINANCE, 1976 (SECTION 171(2)) [ - ] 
Part 1. Final decisions in terms of Durban Extended Powers Consolidated Ordinance, 1976
Part 2. Decisions not finalised in terms of Durban Extended Powers Consolidated Ordinance, 1976, before commencement of this Act

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