This is the version of this Provincial Notice as it was from 26 June 2015 to 14 April 2019. Read the latest available version.
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Western Cape
South Africa
South Africa
Western Cape Land Use Planning Act, 2014
Western Cape Land Use Planning Regulations, 2015
Provincial Notice 203 of 2015
- Published in Western Cape Provincial Gazette 7412 on 26 June 2015
- Commenced on 1 July 2015
- [This is the version of this document as it was from 26 June 2015 to 14 April 2019.]
Chapter 1
Interpretation
1. Definitions
In these regulations a word or expression to which a meaning has been assigned in the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014), has the same meaning assigned to it in that Act and, unless the context indicates otherwise—“agent” means a person authorised by the owner to make an application;“agricultural land” means land outside the physical edge of the existing urban area, excluding—(a)land declared as a protected area in terms of the National Environmental Management: Protected Areas Act, 2003 (Act 57 of 2003); or(b)land that was immediately before the commencement of the Act zoned for a purpose other than agriculture;“applicant” means a person contemplated in regulation 10(4) or (5) or 28 who makes an application;“application” means a land development application contemplated in regulation 10(4), an application for the amendment of a land development approval contemplated in regulation 10(5) or an application for the extension of a validity period contemplated in regulation 28;“application affecting agriculture” means an application in respect of agricultural land;“cultivate”, in relation to agricultural land, means to transform land from its natural state by preparing the land for raising crops, and includes sowing, planting or ploughing;“date of notification” means the date on which a person is notified or acknowledgement of receipt is given as contemplated in regulation 37, or the date on which a notice is published in the media or Provincial Gazette;“document” includes a plan, diagram or map;“Head of Agriculture” means the head of the provincial department responsible for agriculture;“pre-application consultation” means a pre-application consultation contemplated in regulation 11(1);“provincial committee” means an ad hoc intergovernmental steering committee established in terms of section 5(1) of the Act;“regional committee” means an ad hoc regional intergovernmental steering committee established in terms of section 8(1) of the Act;“South African Local Government Association” means the South African Local Government Association recognised in terms of section 2(1)(a) of the Organised Local Government Act, 1997 (Act 52 of 1997);“the Act” means the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014).Chapter 2
Spatial planning
2. Notice of intention to compile or review provincial spatial development framework
3. Establishment of provincial committee to compile or review provincial spatial development framework
4. Object and function of provincial committee
5. Meetings of provincial committee
6. Public participation
7. Amendment of provincial spatial development framework
8. Establishment of regional committee to compile or review a provincial regional spatial development framework
9. Amendment of provincial regional spatial development framework
Chapter 3
Povincial development management
10. Land development requiring provincial approval and exempted categories of land development
11. Pre-application consultation
12. Application for land development
13. Receipt and acceptance of land development application and request for additional information or documents
14. Notice of land development application
15. Contents of notice
A notice contemplated in regulation 14 must at least—16. Additional methods of public notice
17. Proof of giving notice
If the applicant has published a notice or given notice of a land development application on behalf of the Head of Department, the applicant must, within 21 days from the date on which the notice was published or given, provide the following to the Head of Department:18. Right of applicant to reply to comments on land development application
19. Referral of land development application, information and documents to Head of Agriculture
20. Requirements for comments
21. Decision on land development application
22. Notice of decision on land development application
The Head of Department must within 21 days of his or her decision on a land development application give notice of his or her decision in the following manner:23. Appeal against decision on land development application
24. Right of appellant and applicant to reply to comments on appeal
25. Referral of appeal, comments and reply to comments to Provincial Minister responsible for agriculture
26. Decision on appeal
27. Notice of decision on appeal
The Provincial Minister must, within 14 days of his or her decision on an appeal, notify the appellant, the applicant if the appellant is not the applicant and any person who has submitted comments on the appeal of the decision and his or her right to request reasons for the decision.28. Application for extension of validity period
29. Right of applicant to reply to comments on application for extension of validity period
30. Referral of application for extension of validity period, information and documents to Head of Agriculture
31. Decision on application for extension of validity period
32. Notice of decision on application for extension of validity period
The Head of Department must notify the applicant of the decision in terms of regulation 31 and the applicant’s right to request reasons for the decision.33. Comments by organs of state
34. Grounds for refusing to accept application or appeal
35. Withdrawal of application, appeal or authorisation of agent
36. Powers to conduct routine inspections
In terms of section 68(1)(b) of the Act, a designated employee may enter land or a building for the purpose of assessing, in accordance with the requirements of section 68 of the Act, an application in terms of regulation 12 or 28 or an appeal in terms of regulation 23.37. Manner and date of notification and granting of further period
38. Errors and omissions
39. Transitional provisions in respect of applications for removal, suspension or amendment of restrictive conditions
40. Date of commencement
If the Premier determined different dates for the commencement of the Act or different provisions of the Act in respect of different municipal areas under section 79(2) of the Act, a reference in a provision of these regulations to the date of commencement of the Act must be construed as a reference to the date determined by the Premier for the commencement of the relevant enabling provision of the Act in the municipal area concerned.41. Short title
These regulations are called the Western Cape Land Use Planning Regulations, 2015.History of this document
15 April 2019
01 July 2015
Commenced
26 June 2015 this version
Cited documents 13
Legislation 13
- Constitution of the Republic of South Africa, 1996
- Electronic Communications and Transactions Act, 2002
- National Environmental Management Act, 1998
- National Environmental Management: Air Quality Act, 2004
- National Environmental Management: Integrated Coastal Management Act, 2008
- National Environmental Management: Protected Areas Act, 2003
- National Environmental Management: Waste Act, 2008
- National Heritage Resources Act, 1999
- National Water Act, 1998
- Organised Local Government Act, 1997
- Public Finance Management Act, 1999
- Sectional Titles Act, 1986
- Western Cape Land Use Planning Act, 2014