2. The general principles set out in section 3 apply throughout the Republic and- ( a) shall also apply to the actions of the State and a local government body; 60 10 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCTOBER 199S DEVELOPMENT FACILITATION ACf. I 995 (b). serve to guide the administration of any physical plan, transport plan, . guide plan, structure plan, zoning scheme or any like plan or scheme administered by any competent authority in terms of any law; (c) ·serve as guidelines by reference to which any competent authority shall exercise any discretion or take any decision in terms of this Act or any other 5 law dealing with land development, including any such law dealing with the subdivision, use and planning of or in respect of land; and (d) for the purposes of....:.. (i) Chapter II, serve as the general framework within which the Commission shall perform its functions and make recommendations and within which 10 those recommendations shall be considered by any competent authority; (ii) ·Chapter III, serve as principles by reference to which a tribunal shall · reach decisions; (iii) Chapter IV, provide the guidelines with which the formulation and implementation of land development objectives of local government 15 bodies and the carrying out of land development projects shall be consistent; (iv) Chapters V ·and VI, guide the consideration of land development applications and the performance of' functions in' relation to land development; and 20 · (v) Chapter VII, guide the administration of the registration of land tenure rights: · : · · · · ., General principles for land dev~Iopment · 3. (1) The following general principles apply, on the basis· set out in section 2, to all land development: . . , · . · · . . . ' 25 (a) Policy, administrative practice.and la~s should provide for urban and rural .land development and should facilitate the development of formal and informal,.existing· and new settlements. .. . (b) . Policy; . administrative practices· and laws should discourage the . illegal . occupation of land,' with due recognition of informal' land development 30 · processes.: . ·· · . . . · , (c) Policy, administrative practice and laws should promote efficient and · integrated land development in that they- ' (i) promote· the· integration of the social, economic, institutional and physical aspects Of land development; · (ii) promote integrated land development in rural and urban areas in support · (iii)' promote the availability of residential and employment opportunities in of each other; . · , ' 35 · close proximity to or integrated with each other; . . (iv) optimise the use of existing resources including such resources relating 40 to· agriculture~ land, minerals, bulk infrastructure, roads, transportation and social facilities; · · · · · ·· (v) promote a diverse co~bination of land uses, also at ·the level of individual erven or subdivisions of land; · · · . -' (vi) discourage the phenomenon of "urban sprawl" in urban 'areas and 45 contribute to ihe development of more compact towns and cities; (vii) contribute to the correction of the historically distorted spatial patterns of settlement in the Republic and to the optimum· use of existing infrastructure in excess of current needs; and (viii) encourage environmentally ·sustainable land development practices and 50 . processes. . .. .· . . . (d) Members' 'of'comlnunities affected by land development should actively participate in the process of land development. (e) The skills and capacities .of disadvantaged persons involved in land development should be developed. . . . . '/ ' ' . ' . r 55 (f) . . Policy, administrative practice and laws should encourage and optimise the ·'contributions of all sectors of the 'economy (government 'arid non-govern ment) to land development so as to maximise the Republic's capacity to undertake land development and to this end, and without derogating froin the generality of this principle- 60 12 No. 16730 Act No. 67,1995 GOVERNMENT GAZETTE, 4 OCTOBER 199~ DEVELOPMENT FACILITATION ACT, 1995 . . ···. (i) national, provincial and local governments should strive clearly to define • and make known the required functions and responsibilities of all sectors of the economy in relation to land development as well as the de.sired relationship between such sectors; and (ii) . a competent authority in national, provincial or local government . 5 responsible for the administration of any law relating to land develop ment shaH provide particulars of the identity of legislation· administered by it, the posts and names of persons responsible for the administration of such legislation and the addresses and locality of the offices of such persons to any person who requires such information. 10 (g) Laws, procedures and administrative practice relating to land development . should- . · (i) be clear and generally available to those likely to be affected thereby; (ii) · in addition to serving as regulatory measures, also provide guidance and · · · information to those affected thereby; · (iii) be calculated to promote trust and acceptance on the part of those likely to be affected thereby; and · · (iv) give further content to the fundamental rights setout in the Constitution. (h) Policy, administrative practice and laws. should promote sustainable land development at the required scale in that they should- (i) promote land development which is within the fiscal, institutional and · administrative means of the Republic; · (ii) promote the establishment of viable communities; (iii) promote sustained protection of the environment; (iv) meet the basic needs of all citizens in an affordable way; and (v) ensure the safe utilisation of land by taking into consideration factors 15 20 25 .. (j)' such as geological formations and hazardous undermined areas. (i) Policy, administrative· practice· and laws should promote speedy land . development. . .. Each proposed hind development area should be judged on its owri merits and 30 no particular use ·of land, such ·as residential, commercial, , conservational, industrial, community' facility, mining, agricultural or public use, should in advance or in general bC regarded as being less important or desirable than any other use of land. · · .. · (k) Land development should result in security of tenure, provide for the widest 35 possible range of tenure alternatives; including individual and coinrnunal . tenure, and in cases where land development takes' the form of upgrading an existing settlement, not deprive beneficial occupiers· of homes or land or, where it is necessary for land or homes occupied by them to be utilised for other purposes, their interests in such land or homes should be reasonably 40 accommodated in some other manner. · · · · (1) A competent authority at national, provincial and local government level should co-ordinate the interests of the various sectors involved in or affected by. land development so as to minimise conflicting demands on scarce ·resources. . ' ' 45 (m) Policy, administrative practice arid laws relating to land development should stimulate the effectiv~ functi!lning of a land development market based on open competition between suppliers of goods and services. · ·. (2) The Minister may by notice in the Gazette~ ·. ·. (a) prescribe any principle·· for land development in addition to, but not 50 . inconsistent with, the principles set out in subsection (1);' and (b)' prescribe any principle set out in subsection (1) in greater detail, but not inconsistent therewith, · ' · · · wh~reupon such principle shall apply throughout the Republic on the basis set out in section 2 .. 55 14 No. 16730 Act No. 67,1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 DEVELOPMENT FACIUTATION ACf, 1995 (3) The Premier of a province may by proclamation in the Provincial Gazette- ( a) prescribe any principle for land development in addition to, but not inconsistent with, the principles set out in subsection (l) or prescribed by the Minister under subsection (2); (b) prescribe any principle set out in subsection (1) or prescribed by the Minister 5 under subsection (2) in greater detail, but not inconsistent therewith; and (c) publish for general information provincial policy relating to land development or any aspect thereof which is consistent with the principles set out in or prescribed under subsections (1) and (2) and paragraphs (a) and (b), whereupon such principle or policy shall apply in the province on the basis set out in 10 section 2. (4) (a) The Minister shall, before prescribing any principle under subsection (2), cause a draft of such principle to be published in the Gazette and shall consider any comment on such draft principle received from any person during the period 30 days after such publication. 15 (b) A list of principles prescribed under subsection (2) shall be laid upon the Table of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act No. 33 of 1957), and if Parliament by resolution disapproves of any such principles or any provision thereof, such principles or provision shall cease to be of force and effect, but without prejudice to the validity of anything done in tenns of such 20 principles or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such principles or such provision before it so ceased to be of force and effect. (5) (a) The Premier shall, before prescribing any principle or policy under subsection (3), cause a draft of such principle or policy to be published in the Provincial Gazette 25 and shall consider any comment on such draft principle or policy received from any person during the period thirty days after such publication. (b) A list of principles and policies prescribed under subsection (3) shall be submitted to the provincial legislature, and if such provincial legislature by resolution disapproves of any such principle or policy, or any provision thereof, such principles or policy, or 30 provision, shall cease to be of force and effect, but without prejudice to the validity of anything done in terms of such principles, policy or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such principles, policy or such provision before it so ceased to be of force and effect. General principles for decision-making and conflict resolution 35 4. (l).The general principles set out in subsection (2) apply- ( a) to any decision which a competent authority, including a tribunal, may make in respect of any application to allow land development, or in respect of land · development which affects the rights, obligations or freedoms of any person or body, whether the application is made or the development undertaken in 40 terms of this Act or, subject to paragraph (c), in terms of any other law; (b) without derogating from the generality of paragraph (a), to any decision- (i) ·on the question whether any illegal use of land should henceforth be regarded as lawful; (ii) approving or disapproving of any proposed change to the use of land in 45 . the course of proposed land development; (iii) relating to the level or standard of engineering services that are to be provided in respect of land development; (iv) relating to the permitted periods within which comments or objections . should be provided and governmental decisions are to be taken during 50 the course of land development procedures; and · · (v) relating to the consequences for any land development orfor the rights and obligations of any person or body of a . failure to provide any comment, make any decision or perform any other act within a period of time contemplated in subparagraph (iv); and 55 (c) where a decision referred to in paragraphs (a) and (b) is made under any other law, only when such decision is made during the course of the administration 16 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETTE. 4 OCfOBER 1995 DEVELOPMENT FACIUTATION ACf, 1995 of a law made after the commencement of this Act by the legislature of a province or by a local government body, including such a law which is inconsistent with Chapter III. (2) The decisions contemplated in subsection ( l) shall be taken in accordance with the following general principles: 5 (a) The decisions shall be consistent with the principles or a policy set out in or prescribed under section 3. (b) The decisions shall be made by at least one appropriate officer in the service · of a provincial administration or local government body, and experts in the field of agriculture, planning, engineering, geology, mining, environmental 10 management, law, survey or such other field as may be determined by the Premier. (c) The officer and experts shall, before conducting a hearing or reaching a decision, enquire into and consider the desirability of first referring any dispute between two. or more parties in relation to land development to 15 mediation and if they- (i) consider mediation appropriate, they shall refer the dispute to mediation; · or (ii) . consider mediation inappropriate, or if mediation has failed, the officer and experts shall conduct a hearing appropriate in the circumstances and 20 reach a decision binding upon persons or bodies affected thereby, including the State or any local government body. (d) The hearing conducted by the officer and experts is open to the public and any, person entitled to appear at the hearing may be represented by any other ~00. (e) The officer and experts shall upon request provide written reasons for any ~ decision reached by them. . (f) The Director-General of a provincial administration shall keep a record of reasons provided in terms of paragraph (e), make such record available for inspection by members of the public and permit the publication of such 30 reasons by any person or body. (g) A decision made by the officer and experts shall be subject to review by any division of the Supreme Court of South Africa having jurisdiction. CHAPTER II Development and Planning Commission Establishment of Development and Planning Commission 5. (I) There is hereby established a juristic person to be known as the Development and Planning Commission. · (2) The Minister may, by notice in the Gazelle, disestablish the Commission as soon as its functions in terms of this Act have been concluded. Functions and powers of Commission and co-ordination of advice 35 40 · 6. (a) The Commission- : . (i) may of its own accord, and shall at the request of the Minister, advise the Minister on any matter falling within the scope of its terms of reference set out in section 14; and · 45 (ii) unless and until a provincial ·commission has been established or recognised under section II, may of its own accord and shall at the request of any Premier or MEC, advise such Premier or MEC on any matter referred to in subparagraph (i) insofar as such matter relates to land development and falls within a functional area specified in Schedule 6 to the Constitution. (b) The Minister shall, for the purpose of debating or co-ordinating the advice given by the Commission or of debating or co-ordinating the implementation of such advice throughout the Republic or in any part thereof, from time to time convene and attend meetings of MECs. 50 18 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCTOBER 199S DEVELOPMENT FACIUTATION ACT, 199S Constitution of Commission . 7. (1) The Commission consislS of- (a) · not more than 24 members· (who are in the opinion of the Minister fairly representative of urban and rural interests or sectors) appointed by the Minister, of whom- · (i) nine shall be persons nominated by the .Premiers (each Premier nominating one person): Provided that paragraph (b) applies in the event of a provincial commission having been established or recognised under section 11 in respect of any province, and the Premier of such a province may not nominate a person; · · · 5 10 (ii) not more than three shall be persons nominated by sectors or subsectors who own property, undertake or finance land development in urban and rural areas; (iii) not more than three shall be persons nominated by organisations and community-based groups in civil society who represent the interests of 15 communities intended to benefit from land development in urban and rural areas; and (iv) not more than nine shall be persons who have expertise and experience relevant to the functions of the Commission; (b) because of his or her office, the chairperson of each provincial commission or, 20 during his or her absence, the deputy chairperson. (2) Prior to the appointment of a person to the Commission, the Minister shall- ( a) make known hls or her intention so to appoint such person by notice in the (b) Gazette; and take into account any comment or objection in respect of such appointment, 25 which might be received by him or her from any person or body. . · · • (3) (a) The Minister shall designate one of the members of the Commission as the chairperson and another member as the deputy chairperson, who shall act as chairperson of the Commission whenever the chairperson is for any reason unable to act as such. (b) The chairperson shall hold office for the period specified by the Minister upon his 30 or her appointment, but not exceeding three years. ( 4) Whenever both the chairperson and the deputy chairperson of the Commission are absent or unable to fulfill any of the functions of the chairperson, the members of the Commission shall designate any other member of the Commission to act as chairperson of the Commission during such absence or incapacity. · 35 (5) (a) The Minister may at the request of a member of the Commission other than the · chairperson, the deputy chairperson or a member who serves on the Commission because of his or her office, appoint an alternate member for that member. (b) An alternate of a member may in the event of the absence of that member from a meeting of the Commission, attend the meeting and when so attending shall be deemed 40 to be a member of the Commission. (6} The Director General of the Department of Land Affairs shall cause notice of the appointment of a member or alternate member of the Commission, and the date of the appointment, to be published in the Gazette. Period of office of members or alternate members of Commission 45 8. ( 1) A member or alternate member of the Commission holds office for the period specified by the Minister upon hls or her appointment, but not exceeding three years, or, if no such period is specified, for a period of three years from the date of his or her appointment and may be reappointed on the termination of such period. (2) A member or alternate member of the Commission vacates his or her office if- 50 (a) he or she resigns; ' (b) his or her estate is sequestrated or he or she applies for the assistance referred to in section 10(1)(c) of the Agricultural Credit Act, 1966 (Act No. 28 of 1966); (c) he or she is incapacitated by physical or mental illness; 55 20 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 DEVELOPMENT FACILITATION Acr, 1995 (d) he or she is convicted of an offence involving dishonesty or corruption or sentenced to imprisonment without the option of a fine; or (e) he or she is nominated as a candidate for election as a member of Parliament. a provincial legislature or the council or other governing body of a local government body. · 5 (3) The Minister may at any time terminate the period of office of a member or alternate member of the Commission if there are sufficient reasons therefor. Meetings of Commission 9. ( 1) The first meeting of the Commission is held at the time and place determined by the Minister, and thereafter meetings are held at the times and places determined by the 10 chairperson of the Commission. . . (2) The chairj>erson or, in his or her absence, the deputy chairperson, may at any time in his or her discretion convene a special meeting of the Commission, and shall convene such meeting within founeen days of receipt of a request signed by not fewer than eight members of the Commission to convene such a meeting. · 15 (3) A quorum for a meeting of !he Commission is two thirdS of its members. ( 4) The procedure at meetings of the Commission, including the procedure for taking decisions, shall be determined by the Commission subject to the ·directions of the Minister, if any. . . · · · . · ' (5) A member or alternate member of the Commission shall not take pan iri the 20 discussion of or the making of decisions about any matter before the Commission and in which he or she or his or her spouse, immediate family, partner or employer, other than the State, or the partner or employer of his or her spouse, has, directly or indirectly, any pecuniary interest. Conditions of service of members or alternate members of Commission 25 10. (I) A member or alternate member of the Commission, other than a person who is in the full-time employment of the State, is appointed on the conditions of service, including conditions relating to the payment of remuneration and allowances, which the Minister determines with the concurrence of the Minister of Finance. {2) Conditions of service detennined under subsection (1) may differ according to 30 whether the person concerned is a member or alternate member or serves on the Commission because of his or her office or on a full-time or pan-time basis or in a professional capacity. Establishment or recognition of provincial commissions 11. (I) A Premier may by notice in the Provincial Gazette- 35 (a) ·establish a provincial development and planning commission in respect of a · province; or (b) recognise any body of persons, board or commission established by or under any law as a provincial development and planning commission in respect of a province. 40 (2) A provincial commis.sion shall, in relation to any matter pertaining to land development and falling within a functional area specified in Schedule 6 to the Constitution, perfonn such functions of the Commission in relation to a province as the Premier or MEC may determine. · ·' : · (3) In the case of- -: 45 (a) a provinCial commission established under subsection. (l)(a);' sections 1(1)(a) (ii), (iii) and (iv), (2), (3), (4), (5) and (6), 8, 9 arid 10 shall mutatis mutandis apply in respect of such a provincial commission and 'in such application a reference in the said sections to the Minister and ' the Director-General of the Department of Land Affairs shall be construed as a 50 reference to the Premier and the Director-General of a provincial administra tion, respectively; and . (b) a provincial commission recognised under subsection (l)(b), the composition and meetings of such a commission shall be regulated by the law under which it was established. 55 22 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCTOBER 1995 DEVELOPMENT FACUJTATION ACT, 1995 Administrative and research functions of Commission and provincial commissions 12. (1) The administrative, secretarial and research functions of the Commission shall be performed by- ( a) officers and employees in the public service designated for such purpose by the Directors-General of the Departments of Land Affairs and of Housing and 5 of the Office of the President, acting in consultation with each other; and (b) consultants appointed in the employ ofthose Departments on such conditions of service as the Minister, the Minister of Housing and the Minister responsible for the implementation of the Reconstruction and Development Programme, with the concurrence of the Minister of Finance, determine. 10 (2) The administrative, secretarial and research functions of a provincial commission shall be performed- ( a) by officers and employees in a provincial administration designated for such purpose by the Premier; and (b) by consultants appointed in the employ of a provincial administration on the 15 conditions of service determined by the Premier with the concurrence of the MEC responsible for the treasury function. Expenditure of Commission and provincial commission